1. (a) If a landlord knows of the death of a tenant who, at the time of death, was the sole occupant of the dwelling unit under a lease, the landlord:

   1. (1) shall notify a tenant's representative of the death;
   2. (2) shall give the tenant's representative access to the premises at a reasonable time to remove any personal property from the unit and other personal property of the tenant elsewhere on the premises;
   3. (3) may require the tenant's representative to prepare and sign an inventory of the property being removed; and
   4. (4) shall pay the tenant's representative the deceased tenant's security deposit and unearned rent to which the tenant would otherwise have been entitled under IC 32-31-3-12 .

2. (b) If a landlord believes that a tenant, who is the sole occupant of the dwelling unit under a lease, is incapacitated and absent from the dwelling unit, the landlord:

   1. (1) shall notify a tenant's representative of the tenant's possible incapacity;
   2. (2) shall give the tenant's representative access to the premises at a reasonable time to remove any personal property from the unit and other personal property of the tenant elsewhere on the premises;
   3. (3) may require the tenant's representative to prepare and sign an inventory of the property being removed; and
   4. (4) shall pay the tenant's representative the incapacitated tenant's security deposit and unearned rent to which the tenant would otherwise have been entitled under IC 32-31-3-12 .

3. (c) Any of the following persons, in decreasing order of priority, may accept an appointment and serve as a tenant's representative under this article:

   1. (1) A person designated by the tenant in a written document delivered to the landlord.
   2. (2) A person designated, in writing, by the tenant in a written lease between the tenant and the landlord.
   3. (3) An attorney in fact named by the tenant in a power of attorney during the tenant's lifetime.
   4. (4) A temporary guardian or guardian of the person of a tenant.
   5. (5) A tenant's heir.

   6. (6) A person selected and appointed by a probate court upon a petition by any interested person under this section.

      If a dispute exists between two (2) or more persons claiming to be a tenant's representative, the probate court's decision controls after a hearing held upon notice to the interested persons.

4. (d) A person who is authorized to serve as a tenant's representative under subsection (c) accepts appointment by:

   1. (1) providing written notice to the tenant's landlord of the tenant representative's acceptance of appointment; and
   2. (2) if the tenant is appointed under subsection (c)(6), complying with the conditions stated in the probate court's order.

5. (e) The authority of a deceased tenant's heir, a deceased tenant's attorney in fact, a temporary guardian, or a guardian of the person to act under this article terminates when the heir, the guardian, or the landlord knows that:

   1. (1) a personal representative has been appointed for the deceased tenant's estate;
   2. (2) a tenant's attorney in fact is acting on the living tenant's behalf; or
   3. (3) a guardian has been appointed for the living incapacitated tenant's property.

6. (f) A landlord that complies with this section is not liable:

   1. (1) to the tenant, if the tenant is living;
   2. (2) to the tenant's estate, if the tenant is deceased; or
   3. (3) to any other person that has a claim or interest in the personal property removed from the premises, unearned rent, or security deposit.

7. (g) A landlord that willfully violates subsection (a) or (b) is liable:

   1. (1) to the tenant, if the tenant is living; or

   2. (2) to the tenant's estate, if the tenant is deceased;

      for actual damages.

8. (h) In addition to the rights provided in this section, the tenant's representative has the incapacitated or deceased tenant's rights and responsibilities under IC 32-31-4 .

As added by P.L.184-2021, SEC.10.