IC 32-31-7-1 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.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 this
chapter. 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 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.1.
IC 32-31-7-4 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.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 tenant
by applicable provisions of health and housing codes.
(2) Keep the areas of the rental premises occupied or used by
the 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, or
removing 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 tenant
shall also comply with amended rules and regulations as
provided in the rental agreement.
(6) Ensure that each smoke detector installed in the tenant's
rental unit remains functional and is not disabled. If the smoke
detector is battery operated, the tenant shall replace batteries in
the smoke detector as necessary. If the smoke detector is hard
wired into the rental unit's electrical system, and the tenant
believes that the smoke detector is not functional, the tenant
shall 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 obligations
under 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 shall
deliver the rental premises to the landlord in a clean and proper
condition, excepting ordinary wear and tear expected in the normal
course 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 with
jurisdiction to enforce an obligation of a tenant under this chapter.
(b) Except as provided in subsection (c), a landlord may not bring
an action under this chapter unless the following conditions are met:
(1) The landlord gives the tenant notice of the tenant's
noncompliance with a provision of this chapter.
(2) The tenant has been given a reasonable amount of time to
remedy the noncompliance.
(c) If the noncompliance has caused physical damage that the
landlord has repaired, the landlord shall give notice specifying the
repairs that the landlord has made and documenting the landlord's
cost to remedy the condition described in the notice.
(d) A landlord is not required to comply with the notice
requirements 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 or
tenant'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 this
section, the landlord may obtain any of the following, if appropriate
under 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.
IC 32-31-7-1 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.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 this
chapter. 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 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.1.
IC 32-31-7-4 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.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 tenant
by applicable provisions of health and housing codes.
(2) Keep the areas of the rental premises occupied or used by
the 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, or
removing 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 tenant
shall also comply with amended rules and regulations as
provided in the rental agreement.
(6) Ensure that each smoke detector installed in the tenant's
rental unit remains functional and is not disabled. If the smoke
detector is battery operated, the tenant shall replace batteries in
the smoke detector as necessary. If the smoke detector is hard
wired into the rental unit's electrical system, and the tenant
believes that the smoke detector is not functional, the tenant
shall 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 obligations
under 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 shall
deliver the rental premises to the landlord in a clean and proper
condition, excepting ordinary wear and tear expected in the normal
course 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 with
jurisdiction to enforce an obligation of a tenant under this chapter.
(b) Except as provided in subsection (c), a landlord may not bring
an action under this chapter unless the following conditions are met:
(1) The landlord gives the tenant notice of the tenant's
noncompliance with a provision of this chapter.
(2) The tenant has been given a reasonable amount of time to
remedy the noncompliance.
(c) If the noncompliance has caused physical damage that the
landlord has repaired, the landlord shall give notice specifying the
repairs that the landlord has made and documenting the landlord's
cost to remedy the condition described in the notice.
(d) A landlord is not required to comply with the notice
requirements 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 or
tenant'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 this
section, the landlord may obtain any of the following, if appropriate
under 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.
IC 32-31-7-1 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.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 this
chapter. 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 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.1.
IC 32-31-7-4 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.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 tenant
by applicable provisions of health and housing codes.
(2) Keep the areas of the rental premises occupied or used by
the 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, or
removing 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 tenant
shall also comply with amended rules and regulations as
provided in the rental agreement.
(6) Ensure that each smoke detector installed in the tenant's
rental unit remains functional and is not disabled. If the smoke
detector is battery operated, the tenant shall replace batteries in
the smoke detector as necessary. If the smoke detector is hard
wired into the rental unit's electrical system, and the tenant
believes that the smoke detector is not functional, the tenant
shall 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 obligations
under 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 shall
deliver the rental premises to the landlord in a clean and proper
condition, excepting ordinary wear and tear expected in the normal
course 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 with
jurisdiction to enforce an obligation of a tenant under this chapter.
(b) Except as provided in subsection (c), a landlord may not bring
an action under this chapter unless the following conditions are met:
(1) The landlord gives the tenant notice of the tenant's
noncompliance with a provision of this chapter.
(2) The tenant has been given a reasonable amount of time to
remedy the noncompliance.
(c) If the noncompliance has caused physical damage that the
landlord has repaired, the landlord shall give notice specifying the
repairs that the landlord has made and documenting the landlord's
cost to remedy the condition described in the notice.
(d) A landlord is not required to comply with the notice
requirements 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 or
tenant'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 this
section, the landlord may obtain any of the following, if appropriate
under 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.
