Indiana Habitability and Landlord Obligations

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.

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.