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Thursday, Nov. 14
The Indiana Daily Student

Proposed bill to expand privacy rights for renters

One day notice from landlord to be required before entering property

A bill requiring landlords to give tenants at least one day's notice before entering rental units cleared a legislative hurdle this week. Sponsored by State Rep. Matt Pierce D-Bloomington, the bill passed the Judiciary Committee with a vote of 10 to 3. \nAccording to the Pierce Tenant Privacy Act (HB 1096), a landlord may enter a unit without a day's notice only "in case of an emergency that threatens the safety of the occupants or the landlord's property." The landlord may enter only at "reasonable times" and has no other right of access unless as specified under court order or if the tenant has abandoned the unit. \nThe bill also states that tenants may not deny access to landlords if proper notice has been given. Landlords may inspect the unit, make repairs or improvements, supply similar agreed services and show the dwelling to prospective buyers, tenants or contractors. \n"Most people are surprised to learn current law allows landlords to enter a rental property as they please without notice," Pierce said. "We shouldn't make some people second-class citizens just because they pay rent each month instead of a mortgage." \nThe Tenant Privacy Act also expands the definition of "tenant" to include any former occupant of a dwelling unit. The bill was presented Jan. 15 and passed by the judiciary committee Monday. \nThis is not Pierce's first foray into landlord-tenant legislation. Pierce introduced a bill in the 2002 legislative session that, among other things, would have required landlords to create trust accounts to hold tenants' security deposits. \nSenior Mackenzie Robinson said she thinks the pending legislation would work to the benefit of student tenants. Robinson, who co-leases a five-bedroom house just off First Street, said her landlord often drops by unannounced.\n"They (the landlords) will drop by after 'trying to get ahold' of us to show the house to people," Robinson said. "Once I was getting out of the shower in my robe and there were four huge guys and my landlord standing there...They always say they try to get ahold of us, but it doesn't seem like they try very hard."\nRob Friedman, property manager for Bloomington-based Omega Properties, said his company always provides a 24-hour notice to residents before entering units.\nHe said the legislation may pose problems to property owners if the day-notice clause applies to maintenance issues as well.\n"When there are problems, we tend to get to them very quickly," Friedman said. "We want to make sure everyone's well taken care of, and if we can't get in, if there's a water leak or something, it could pose a very large problem."\nFriedman said Omega tenants tend to comply well when given 24-hour notice that management may be entering a unit. \nSenior Paul Le Vasseur believes the bill, if enacted, would serve to the advantage of both landlords and leasers. Le Vasseur has rented units owned by Deer Park Management and currently lives in the Omega Manor on Walnut Street. \n"I think it's an excellent idea," he said. "A tenant should be given fair warning if a landlord is going to be visiting their property."\nRobinson agrees with the tenant responsibilities as outlined by HB 1096 as well. \n"It's not really our place, so I don't see how we could deny access anyway," she said. "But I like the idea of them having to give us fair warning and not just saying, 'Oh, we tried to call."

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