Landlord Tenant Laws of Indiana
The Indiana legislature first enacted the state's landlord and tenant law in 1881. Most of the legislation is unchanged today but contains more protection for tenants against landlords who fail to provide them with clean and habitable housing. The state does not regulate housing, and there is no government agency responsible for complaints from tenants. There are, however, a few private nonprofit housing coalitions that may help tenants find legal help.
Landlord's Duties
In Indiana, landlords have a duty to provide safe, habitable and clean housing. They must comply with existing safety and housing code regulations and make a "reasonable" effort to keep their common grounds clean and in working order. As long as a landlord reasonably attempted to keep her common areas in proper condition, she has fulfilled her duty under Indiana Code Section 32-31-8-5.
Tenant's Duties
Under Indiana law, tenants must return their rental units in working and clean condition, except for incidental, normal wear and tear. Landlords can sue tenants in court to enforce this requirement after providing their tenants with reasonable notice and time to cure deficiencies. "Reasonableness" is fact-sensitive and determined by judicial interpretation. Landlords do not have to provide notice to their tenants of noncompliance if their lease agreement has ended and they are "holdover" tenants that fail to leave when their tenancy is over.
Rights to Repairs
Tenants have rights to receive repairs from their landlords for major electrical and plumbing systems if these items were in place when they signed their rental agreements. Landlords must repair their tenants' sanitary systems, heating and air conditioning, elevators and electrical and plumbing systems if they were provided at the time they entered into their agreements. If provided from the start of their agreement, landlords must maintain adequate hot and cold water to the rental property.
Remedies
Tenants have legal remedies against their landlords for failing to provide reasonably clean housing or failing to make necessary repairs by filing private lawsuits against them in court. There is no governmental housing agency in Indiana responsible for investigating complaints from state residents. Before suing their landlords, tenants must provide landlords with notice and opportunity to provide the necessary repairs.
Considerations
Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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