2016 Indiana Code TITLE 32. PROPERTY ARTICLE 31. LANDLORD-TENANT RELATIONS CHAPTER 8. LANDLORD OBLIGATIONS UNDER A RENTAL AGREEMENT
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IC 32-31-8
Chapter 8. Landlord Obligations Under a Rental Agreement
IC 32-31-8-1
Application
Sec. 1. (a) Except as provided in subsection (b), this chapter
applies only to dwelling units that are let for rent under a rental
agreement entered into after June 30, 2002.
(b) This chapter does not apply to dwelling units that are let for
rent with an option to purchase under an agreement entered into
before July 1, 2008.
As added by P.L.92-2002, SEC.2. Amended by P.L.62-2008, SEC.4.
IC 32-31-8-2
Applicability of definitions
Sec. 2. The definitions in IC 32-31-3 apply throughout this
chapter.
As added by P.L.92-2002, SEC.2.
IC 32-31-8-3
"Rental premises" defined
Sec. 3. As used in this chapter, "rental premises" includes all of
the following:
(1) A tenant's rental unit.
(2) The structure in which the tenant's rental unit is a part.
As added by P.L.92-2002, SEC.2.
IC 32-31-8-4
Effect of waiver of statute
Sec. 4. A waiver of the application of this chapter by a landlord
or tenant, by contract or otherwise, is void.
As added by P.L.92-2002, SEC.2.
IC 32-31-8-5
Landlord obligations
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
Indiana Code 2016
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.
As added by P.L.92-2002, SEC.2.
IC 32-31-8-6
Tenant's cause of action to enforce landlord obligations
Sec. 6. (a) A tenant may bring an action in a court with
jurisdiction to enforce an obligation of a landlord under this chapter.
(b) A tenant may not bring an action under this chapter unless the
following conditions are met:
(1) The tenant gives the landlord notice of the landlord's
noncompliance with a provision of this chapter.
(2) The landlord has been given a reasonable amount of time to
make repairs or provide a remedy of the condition described in
the tenant's notice. The tenant may not prevent the landlord
from having access to the rental premises to make repairs or
provide a remedy to the condition described in the tenant's
notice.
(3) The landlord fails or refuses to repair or remedy the
condition described in the tenant's notice.
(c) This section may not be construed to limit a tenant's rights
under IC 32-31-3, IC 32-31-5, or IC 32-31-6.
(d) If the tenant is the prevailing party in an action under this
section, the tenant may obtain any of the following, if appropriate
under the circumstances:
(1) Recovery of the following:
(A) Actual damages and consequential damages.
(B) Attorney's fees and court costs.
(2) Injunctive relief.
(3) Any other remedy appropriate under the circumstances.
(e) A landlord's liability for damages under subsection (d) begins
when:
(1) the landlord has notice or actual knowledge of
noncompliance; and
(2) the landlord has:
(A) refused to remedy the noncompliance; or
(B) failed to remedy the noncompliance within a reasonable
amount of time following the notice or actual knowledge;
whichever occurs first.
As added by P.L.92-2002, SEC.2.
Indiana Code 2016
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