Landlord Tenant Laws in the State of Indiana
Indiana first enacted its residential landlord and tenant law in 1881, and since then, the state legislature has made relatively few changes. In 2002, the law was slightly amended to clarify some basic legal protections and respective duties between landlords and their tenants, but for the most part, Indiana's landlords and tenants have the same legal rights and duties they had in 1881.
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Landlords' Duties
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Landlords in Indiana must provide their tenants with clean and habitable housing that complies with existing local code regulations and with "reasonable efforts" to ensure clean common areas. Landlords must provide their tenants with working electrical systems, plumbing and sanitation if those systems were in working order and provided at the time they entered into their lease agreements. Indiana landlords must also provide working heating and air conditioning, ventilation, working appliances and operating elevators if they agreed to provide these items.
Tenants' Legal Remedies
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Tenants have a right to file lawsuits in a local Indiana court against landlords who fail to comply with their duties. To file a lawsuit, a tenant must provide reasonable notice to the landlord and provide him with a reasonable opportunity to make requested repairs without denying the landlord a right to access. "Reasonable" is determined by courts on a case-by-case basis and, generally, courts determine "reasonable" by the type of service or repair required. Tenants who are successful in court can receive actual and consequential damage awards, injunctive or equitable relief, court costs and any attorney's fees.
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Tenants' Duties
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Tenants in Indiana have legal duties to comply with the local and state housing codes and to keep their apartments reasonably clean and sanitary. They must use any existing electrical, plumbing, heating, air conditioning and ventilation systems reasonably without damaging or destroying these systems. They have ongoing duties to comply with any reasonable provisions within their lease agreements. Tenants with installed smoke detectors must keep their detectors in working order and notify their landlords if they believe they are not functional. Tenants have a legal duty to replace batteries. At the end of their tenancy, tenants have a legal duty to return their premises in clean condition, free from damage beyond the normal wear and tear reasonably expected.
Landlords' Legal Remedies
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Landlords can file lawsuits against their tenants if they fail to comply with their legal duties. Landlords must first provide their tenants with notice of noncompliance and provide them with a reasonable opportunity to cure their violations. After providing notice and opportunity to cure, landlords can file suits to recover actual damages, injunctive relief, court fees and attorney's fees. Again, what is "reasonable" is determined by courts and subject to judicial interpretation.
Considerations
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Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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