Indiana Statewide Rule
Indiana Habitability and Landlord Obligations
Key Facts
- Core standard
- 'Safe, clean, and habitable condition' (IC 32-31-8-5)
- Water
- Plumbing for hot and cold running water 'at all times'
- Heat
- Heating system sufficient to supply heat 'at all times'
- Tenant remedy
- Damages, fees, injunctive relief after notice (IC 32-31-8-6)
Summary
IC 32-31-8-5 requires an Indiana landlord to deliver the rental 'in a safe, clean, and habitable condition,' comply with health and housing codes, keep common areas proper, and maintain electrical, plumbing (hot and cold running water), sanitary, and HVAC systems in good working order, with heat supplied 'at all times.'
Sec. 5. A landlord shall do the following: (1) Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition. (2) Comply with all health and housing codes applicable to the rental premises. (3) Make all reasonable efforts to keep common areas of a rental premises in a clean and proper condition. (4) Provide and maintain the following items in a rental premises in good and safe working condition, if provided on the premises at the time the rental agreement is entered into: (A) Electrical systems. (B) Plumbing systems sufficient to accommodate a reasonable supply of hot and cold running water at all times. (C) Sanitary systems. (D) Heating, ventilating, and air conditioning systems. A heating system must be sufficient to adequately supply heat at all times. (E) Elevators, if provided. (F) Appliances supplied as an inducement to the rental agreement.
Full Breakdown
IC 32-31-8-5 provides that a landlord shall '(1) Deliver the rental premises... in a safe, clean, and habitable condition'; '(2) Comply with all health and housing codes'; '(3)... keep common areas... in a clean and proper condition'; and '(4) Provide and maintain' electrical systems, 'Plumbing systems sufficient to accommodate a reasonable supply of hot and cold running water at all times,' sanitary systems, HVAC (heat 'sufficient to adequately supply heat at all times'), elevators, and inducement appliances. These duties apply to agreements entered after June 30, 2002 (IC 32-31-8-1), and a waiver 'by contract or otherwise, is void' (IC 32-31-8-4). A tenant enforces them under IC 32-31-8-6 after notice and a reasonable time to repair.
Violations & Penalties
No flat statutory fine. Under IC 32-31-8-6, after the tenant gives notice and the landlord fails to repair within a reasonable time, the tenant may sue and recover actual and consequential damages, attorney's fees and court costs, injunctive relief, and any other appropriate remedy.
Frequently Asked Questions
What must an Indiana landlord maintain?
What can an Indiana tenant do if repairs are not made?
Sources
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