Cal. Civ. Code § 32-31-6-3
Eligibility to file petition
Operative Text
Sec. 3. (a) The following may file a petition for an emergency possessory order under this chapter: (1) A tenant, if the landlord has violated IC 32-31-5-6. (2) A landlord, if the tenant has committed or threatens to commit waste to the rental unit. (3) A landlord if: (A) a tenant or the tenant's guest has committed a crime that affects the health and safety of another tenant, the landlord, or an agent of the landlord; or (B) a tenant provided materially false information to the landlord with the intent to induce the landlord into leasing or giving possession of the rental unit to the tenant. (b) Nothing in this section shall be construed to interfere with the rights of a tenant who is the victim of a crime described in IC 32-31-9.
Indiana Code § 32-31-6-3 establishes who is eligible to seek an emergency possessory order—a court order that can quickly shift possession of a rental unit. A tenant may file if the landlord has violated the habitability or entry rules set out in IC 32-31-5-6. A landlord may file if the tenant has committed or threatened waste to the unit, if the tenant or a guest has committed a crime affecting the health or safety of others in or around the property, or if the tenant obtained the lease through materially false information. Importantly, the provision explicitly protects tenants who are themselves crime victims under IC 32-31-9 from having this section used against them.
Plain English — not legal advice.
Under Ind. Code § 32-31-6-3, property owners and managers who believe a tenant has committed or threatened waste, facilitated criminal activity affecting health and safety, or obtained a lease through material misrepresentation generally document those circumstances thoroughly before pursuing an emergency possessory order. Compliant operators maintain records such as incident reports, police reports, and application materials that can substantiate a petition filed under this chapter. Operators are also mindful that tenants who qualify as crime victims under IC 32-31-9 carry specific protections that limit how this provision may be applied.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-6-3 gives tenants the right to file a petition for an emergency possessory order when a landlord has violated IC 32-31-5-6, which addresses landlord duties regarding the rental unit. Tenants who are victims of a qualifying crime are explicitly shielded by subsection (b) from having this same provision turned against them, a protection that connects to the rights outlined in IC 32-31-9. Tenants seeking to understand how to file a petition or assert these protections may find it helpful to contact a local tenant-rights organization or consult Indiana's court self-help resources.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation