INDIANA—The Indiana Senate Judiciary Committee has approved House Bill 1115, a measure that would broaden the circumstances under which landlords can seek emergency possession of rental units. The bill, sponsored by Senator Mike Gaskill and authored by Representative Ethan Manning, aims to address situations where a tenant’s actions directly threaten the safety and well-being of others.
HB 1115 would allow landlords to petition for emergency possession if:
- The tenant or a guest of the tenant commits a crime that directly affects the health and safety of another tenant or an agent of the rental unit.
- The tenant commits a crime to induce the landlord into leasing or possessing the unit.
Initially, the bill stipulated that a court must find “probable cause” to issue an emergency possession order. However, during the committee hearing, the bill was amended by consent to change the standard of proof to “preponderance of the evidence.” This means the landlord must demonstrate that it is more likely than not that the tenant committed the alleged acts.
Additionally, the amendment clarified that the tenant has seven days from the date of the court’s order, rather than the hearing, to return possession of the rental unit to the landlord. The court is also granted the authority to issue other orders deemed just under the circumstances, including scheduling subsequent hearings to adjudicate related claims.
The Indiana Apartment Association testified in support of the bill, arguing that it provides necessary protections for landlords and other tenants in potentially dangerous situations.
The amended bill passed the committee with a 10-0 vote, indicating unanimous support.
The full text of HB 1115 can be found on the Indiana General Assembly website: https://iga.in.gov/legislative/2025/bills/house/1115.
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