CHAPTER 8. LANDLORD OBLIGATIONS UNDER A RENTAL AGREEMENT
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 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.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 thischapter.
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 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.2.
IC 32-31-8-4
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.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 withthe rental agreement, and in a safe, clean, and habitablecondition.
(2) Comply with all health and housing codes applicable to therental premises.
(3) Make all reasonable efforts to keep common areas of arental premises in a clean and proper condition.
(4) Provide and maintain the following items in a rentalpremises in good and safe working condition, if provided on thepremises at the time the rental agreement is entered into:
(A) Electrical systems.
(B) Plumbing systems sufficient to accommodate areasonable supply of hot and cold running water at all times.
(C) Sanitary systems. (D) Heating, ventilating, and air conditioning systems. Aheating system must be sufficient to adequately supply heatat all times.
(E) Elevators, if provided.
(F) Appliances supplied as an inducement to the rentalagreement.
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 withjurisdiction to enforce an obligation of a landlord under this chapter.
(b) A tenant may not bring an action under this chapter unless thefollowing conditions are met:
(1) The tenant gives the landlord notice of the landlord'snoncompliance with a provision of this chapter.
(2) The landlord has been given a reasonable amount of time tomake repairs or provide a remedy of the condition described inthe tenant's notice. The tenant may not prevent the landlordfrom having access to the rental premises to make repairs orprovide a remedy to the condition described in the tenant'snotice.
(3) The landlord fails or refuses to repair or remedy thecondition described in the tenant's notice.
(c) This section may not be construed to limit a tenant's rightsunder 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 thissection, the tenant may obtain any of the following, if appropriateunder 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) beginswhen:
(1) the landlord has notice or actual knowledge ofnoncompliance; and
(2) the landlord has:
(A) refused to remedy the noncompliance; or
(B) failed to remedy the noncompliance within a reasonableamount of time following the notice or actual knowledge;
whichever occurs first.
As added by P.L.92-2002, SEC.2.