Summary of Indiana Landlord Tenant Repair Law
Understanding Indiana Landlord-Tenant Law on Repairs
Although Indiana law requiring landlords to make repairs is permissive in favor of landlords, the principals expressed in the statute are good ideas for all landlords to consider. Here are the relevant portions of the Indiana landlord-tenant repair laws:
§ 32-31-8-1. Landlord duty to repair
(a) A landlord shall:
- (1) maintain fit and habitable premises;
- (2) make all repairs and keep all common areas of a residential premises in a clean, safe, and sanitary condition; and
- (3) except for authorized alterations or improvements, keep all fixtures, in good and safe working order and fit for use by the tenant.
(b) A landlord may not retaliate against a tenant as described in IC 32-31-9. Retaliatory conduct includes:
- (1) increasing the rent;
- (2) decreasing services; or
- (3) bringing or threatening to bring an action for possession;
for the sole reason that the tenant has made a good faith complaint concerning the landlord’s violation of any law or would be justified in making a good faith complaint concerning the landlord’s violation of any law.
§ 32-31-8-4. Tenant remedies for failure to repair
If a landlord fails to comply with section 1 of this chapter , the tenant is entitled to one (1) or more of the following remedies. The tenant may:
(1) recover actual damages;
(2) recover liquidated damages of:
(A) two (2) months’ rent; or
(B) double the amount of the rent reserved by the lease;
- (3) procure substitute housing and deduct from the rent the actual reasonable cost of obtaining the substitute housing, not including any expense for food or any other expense that is not specifically related to the failure to comply with section 1 of this chapter;
- (4) procure the necessary labor and materials to perform the landlord’s duty and deduct the actual and reasonable costs of the labor and materials from the rent;
- (5) demand that the landlord specifically perform the landlord’s duty by:
(A) delivering a written demand by certified mail, return receipt requested, to the landlord’s registered agent or to the tenant’s actual knowledge, the landlord’s last address of record; or
(B) delivering a written demand by certified mail, return receipt requested, to the individual who executed the rental agreement as the landlord’s agent; and
(6) terminate the rental agreement after delivering a written demand by certified mail, return receipt requested, to: (A) the landlord’s registered agent; or
(B) the individual who executed the rental agreement as the landlord’s agent; and at least seventy-two (72) hours has elapsed after the delivery of the demand.
Landlord’s Obligations for Repairs
Indiana law places a number of specific responsibilities on landlords for repairs. Repairs are described in the federal regulations as "the actions necessary to maintain the unit and the project" (24 C.F.R. § 5.703). For single-family homes or most non-MSN properties, the landlord is responsible for all repairs unless the tenant causes the damage.
For MSN properties, tenants are generally responsible for repairs costing under $1,000. For repairs that exceed $1,000, the parties are responsible jointly.
Some major repairs are exempted from landlord responsibilities if the landlord delivers a written waiver to the tenant that is signed by the tenant and contains the following:
If landlords do not intend to do major repairs, then the landlord must mail a copy of the waiver and any supporting documents with the rent statement, or deliver it personally to the tenant not later than the date rent is due. When the landlord does not correct a major repair, the tenant must give written notice to the landlord, either by personal or by certified mail. After that, the landlord has 14 days to correct the major repair. If the major repair is not corrected then the tenant may enforce the procedures outlined for other repairs.
In order to be enforceable, all repairs by landlords must be completed within a reasonable time after the tenant provides notice of the need or furnishes written notification of the desire to have a certain repair done.
Tenant Making Repair Requests
In Indiana, tenants have the right to request repairs for items in their rental unit that may need to be corrected following a property inspection. In an ideal situation, a landlord or manager will already have a plan in place to address maintenance when they are first notified. However, it is usually up to a tenant to provide this type of notification to the property owner or manager.
While tenants do not have to provide any detailed reports or forms when submitting a repair request, it is always a good idea for tenants to do so. Tenant who submit maintenance requests or repair notifications on a regular basis are seen as more courteous than tenants who simply wait for a phone call or visit to address the issue.
Many property owners use standardized work order forms to document and track requests for maintenance. While it may take extra time to complete a formal work order request, it can protect a tenant if or when there is a dispute about whether a particular repair or service should be performed by the property owner.
The work order should include: While some online property management software solutions offer a tenant portal for submitting maintenance requests, neither landlords nor their tenants are required to use such an electronic system. Instead, regular email or even text message communication can suffice for repair requests. Property managers or owners are not able to evict a tenant simply because they regularly submit maintenance or repair requests.
Legal Relief from Failure to Make Repairs
Failure by a landlord to perform necessary repairs can confer land on the tenant. Indiana statute I.C. 32-31-8-5 identifies remedies available to the tenant for landlord’s failure to make necessary repairs. These remedies include rent withholding, lease termination, rent abatement, and commencement of a legal action. As a practical matter, however, most tenants only consider the first two.
Withholding Rent
A tenant may withhold rent under the statute from the time the landlord receives the tenant’s written notice until the landlord has made the requested repair and delivered written notice to the tenant. The tenant must be current in her rent until the time rent is withhold or the tenant risks eviction.
Termination of Lease
If a tenant terminates the lease in accordance with the statute, the tenant may recover damages for three months , including any rent and any reasonable moving and storage expenses incurred by the tenant as a result of being required to move, which must be paid by the landlord.
Rent Abatement
A tenant who withholds rent is entitled to recover an amount equal to 100% of each day that repairs were not complete. A tenant may not collect rent abatement for more than $1,000, except that the tenant may recover any rent allowed by an applicable city ordinance or a recorded covenant that provides for abatement of rent due to unfit conditions.
Commencement of a Legal Action
A tenant may bring a summary proceeding against a landlord for rent due, for use and occupation of the property, and for damage or waste committed upon the property. The Tenant Law expressly states that a tenant may not maintain an action for possession if the lease has been terminated.
Common Issues and How to Fix Them
Frequently, the Landlord and Tenant will have a dispute as to whether or not the request for repairs is justified. This can happen with any repair, whether it be a leaking toilet or air conditioner. Other disputes arise when a tenant has not paid his or her rent, and the landlord fails to make requested repairs.
The first step to resolving the issue is always communication. The tenant should contact the landlord to remind him that the repair was requested in the past. Hopefully this will solve the dispute, but it may require further action in order to hold the tenant or landlord responsible.
The next option is to negotiate the issue. Both parties should sit down with the sole purpose of resolving the issue. During negotiations, the best solution may be to find a third party to make the requested repairs at no cost to the tenant or landlord. The landlord could do the repairs himself, or the tenant could pay for the repairs and deduct the amount from the rent.
All types of repair conflicts are covered in the Indiana Landlord Tenant Act. The act states that a tenant must notify the landlord that repairs are necessary. Then it is up to the landlord to address the issue. The landlord has no more than thirty days to make the repairs if he failed to make them himself, but the landlord should have the right to no less than five days if he is not able to make them.
If the landlord is unable to fix the issue after a period of time, the tenant is then given the option to hire his own contractor and deduct the cost from the rent. All of these options provide incentive for both parties to resolve the issue amicably. If neither party is ever able to resolve the repair issue, the only recourse is to go to the small claims court or to use another form of mediation.
Proactive Steps for Landlords and Tenants
Unlike other states, Indiana does not have a law prohibiting "self-help" repairs by the tenant. Indiana indeed has a right of the tenant to make repairs under certain circumstances, and the tenant who makes repairs may be able to withhold rent. Obviously, giving the tenant a right to repair is not a good idea for a landlord if the tenant repairs to the tenant’s satisfaction.
So, what can you do? It is really quite simple – find a good maintenance manager and maintenance person and properly equip him or her. Have a plan to take care of your tenant’s needs and train your tenant to follow the plan:
1. A written lease – The lease should set a reasonable timeframe for dealing with any repair request, document the procedures for the tenant to request repairs and complaints, identify the duties of the tenant to report any needed repairs, and hold the tenant liable for any damages caused by the tenant’s or the tenant’s guest’s or representative’s failure to promptly notify the landlord of any needed repairs.
2 . Consistency – handle all of your tenants along similar schedules for inspection, completion of repairs, etc. This way you will have proof that you have treated all tenants in a similar fashion.
3. Prepare the maintenance person – equip the maintenance person with tools, materials, instruction, and time. Train the maintenance person to inspect a unit upon initial move in as well as at each inspection thereafter to identify needed repairs. The maintenance worker should have the ability to get repairs made quickly by either correcting small problems himself or notifying the landlord of repair needs. The plan for communicating to tenants and timely completing repairs should be written and discussed with the maintenance person upon hire and periodically later.
4. Prepare the tenant – train the tenants to understand their obligation to give the landlord prompt notice of needed repairs and problems. Provide tenants with a maintenance request form and review it with each tenant upon move in and at regular intervals thereafter. The landlord also has the right to perform frequent inspections of his investment.
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