CHAPTER 7. TENANT OBLIGATIONS

IC 32-31-7
    Chapter 7. Tenant Obligations

IC 32-31-7-1
Application
    Sec. 1. (a) Except as provided in subsection (b), this chapterapplies only to dwelling units that are let for rent under a rentalagreement entered into after June 30, 2002.
    (b) This chapter does not apply to dwelling units that are let forrent with an option to purchase under an agreement entered intobefore July 1, 2008.
As added by P.L.92-2002, SEC.1. Amended by P.L.62-2008, SEC.3.

IC 32-31-7-2
Applicability of definitions
    Sec. 2. The definitions in IC 32-31-3 apply throughout thischapter.
As added by P.L.92-2002, SEC.1.

IC 32-31-7-3
"Rental premises" defined
    Sec. 3. As used in this chapter, "rental premises" includes all ofthe 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.1.

IC 32-31-7-4
Effect of waiver of statute
    Sec. 4. A waiver of the application of this chapter by a landlordor tenant, by contract or otherwise, is void.
As added by P.L.92-2002, SEC.1.

IC 32-31-7-5
Tenant obligations
    Sec. 5. A tenant shall do the following:
        (1) Comply with all obligations imposed primarily on a tenantby applicable provisions of health and housing codes.
        (2) Keep the areas of the rental premises occupied or used bythe tenant reasonably clean.
        (3) Use the following in a reasonable manner:
            (A) Electrical systems.
            (B) Plumbing.
            (C) Sanitary systems.
            (D) Heating, ventilating, and air conditioning systems.
            (E) Elevators, if provided.
            (F) Facilities and appliances of the rental premises.
        (4) Refrain from defacing, damaging, destroying, impairing, orremoving any part of the rental premises.
        (5) Comply with all reasonable rules and regulations in

existence at the time a rental agreement is entered into. A tenantshall also comply with amended rules and regulations asprovided in the rental agreement.
        (6) Ensure that each smoke detector installed in the tenant'srental unit remains functional and is not disabled. If the smokedetector is battery operated, the tenant shall replace batteries inthe smoke detector as necessary. If the smoke detector is hardwired into the rental unit's electrical system, and the tenantbelieves that the smoke detector is not functional, the tenantshall provide notice to the landlord under IC 22-11-18-3.5(e)(2).
This section may not be construed to limit a landlord's obligationsunder this chapter or IC 32-31-8.
As added by P.L.92-2002, SEC.1. Amended by P.L.17-2008, SEC.5.

IC 32-31-7-6
Condition of rental premises upon termination of occupancy
    Sec. 6. At the termination of a tenant's occupancy, the tenant shalldeliver the rental premises to the landlord in a clean and propercondition, excepting ordinary wear and tear expected in the normalcourse of habitation of a dwelling unit.
As added by P.L.92-2002, SEC.1.

IC 32-31-7-7
Landlord's cause of action to enforce tenant obligations
    Sec. 7. (a) A landlord may bring an action in a court withjurisdiction to enforce an obligation of a tenant under this chapter.
    (b) Except as provided in subsection (c), a landlord may not bringan action under this chapter unless the following conditions are met:
        (1) The landlord gives the tenant notice of the tenant'snoncompliance with a provision of this chapter.
        (2) The tenant has been given a reasonable amount of time toremedy the noncompliance.
    (c) If the noncompliance has caused physical damage that thelandlord has repaired, the landlord shall give notice specifying therepairs that the landlord has made and documenting the landlord'scost to remedy the condition described in the notice.
    (d) A landlord is not required to comply with the noticerequirements of this section to bring an action under subsection (a)if the tenant's occupancy of the rental premises has terminated.
    (e) This section may not be construed to limit a landlord's ortenant's rights under IC 32-31-3, IC 32-31-5, or IC 32-31-6.
    (f) If the landlord is the prevailing party in an action under thissection, the landlord may obtain any of the following, if appropriateunder the circumstances:
        (1) Recovery of the following:
            (A) Actual damages.
            (B) Attorney's fees and court costs.
        (2) Injunctive relief.
        (3) Any other remedy appropriate under the circumstances.
As added by P.L.92-2002, SEC.1.