Indiana legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Indiana Implied Warranty of Habitability
In Indiana, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
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However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Indiana
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Smoke Only | No |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | No | No |
| Garbage Removal | No | No |
| Garbage Pickup | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Usually |
| Clogs | N/A | Sometimes |
Landlord Responsibilities for Heating & Air Conditioning in Indiana
Indiana landlords have to provide heating for rental properties. They don’t have to provide air conditioning, but they do have to keep air conditioning in good working order if it’s provided.
Are Landlords Required to Provide Air Filter Replacements in Indiana?
Indiana landlords don’t have to replace things like air filters, unless provided heating or ventilating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Indiana
Indiana landlords must keep plumbing in reasonable working condition.
Are Landlords Required To Provide Hot Water in Indiana?
Indiana landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Indiana?
Indiana landlords only have to fix clogs not caused by the renter’s actions or negligence, which keep the plumbing from being in reasonable working condition.
Are Landlords in Indiana Responsible for Fixing Leaks?
Indiana landlords have to fix leaks not caused by the renter that keep the plumbing from being in reasonable working condition, or which otherwise affect the habitability of the premises. Where there’s a reasonable question regarding responsibility for a particular leak, courts have decided the landlord is responsible.
Landlord Responsibilities for Kitchen Appliances in Indiana
Indiana landlords don’t have to provide kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, if the landlord provides any such appliances, the landlord must keep them in good working condition.
Landlord Responsibilities for Electrical Issues in Indiana
Indiana landlords are responsible for keeping electrical wiring in good condition, and for other things within their control that might directly or indirectly cause an interruption of electric service.
Are Landlords Responsible for Replacing Light Bulbs in Indiana?
Indiana landlords are not responsible for replacing light bulbs or particular light fixtures, except as necessary to keep provided appliances in good working order.
Landlord Responsibilities for Garbage Removal in Indiana
Indiana landlords have no clear responsibilities regarding garbage removal. Tenants must keep their own premises clean, and landlords must maintain common areas and prevent piled trash. In most cases, this means the tenant must contain and store garbage, and the landlord must ensure removal service is available.
Landlord Responsibilities for Landscaping in Indiana
Indiana landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Indiana
Indiana landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. If the renter created the mold issue, a landlord can make the renter pay for repairs.
Landlord Responsibilities Regarding Pests in Indiana
Indiana landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants. There’s no legal requirement to test regularly for pest infestations.
Landlord Responsibilities for Windows & Window Coverings in Indiana
Indiana landlords have no specific responsibilities regarding windows and window screens, except what’s required to keep the premises safe and habitable. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Indiana
Indiana landlords are responsible for ensuring smoke alarms are installed at the beginning of a tenancy. There’s no state mandate regarding carbon monoxide (CO) detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Indiana?
Indiana landlords have no responsibility to replace safety device batteries. After certifying that there’s a working smoke detector installed at the beginning of a tenancy, it’s the tenant’s job to replace batteries or notify the landlord of needed maintenance on the smoke detector.
Landlord Responsibilities for Doors & Locks in Indiana
Indiana landlords responsible for ensuring reasonably secure locks on rental property, for purposes of tenant safety.
Landlord Responsibilities for Washers and Dryers in Indiana
Indiana landlords are not required to furnish their rental properties with a working washer and dryer. However, if they are provided, the landlord is responsible for fixing them if they stop working properly.
Renter’s Rights for Repairs in Indiana
Renters in Indiana have the right to repairs for issues affecting health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. Landlords have a reasonable (defined case by case) time after notice for repairs.
If the issue isn’t fixed, the renter can ask a court to order repairs and/or compensation. Renters aren’t permitted to repair and deduct, or withhold rent.
Sources
- 1 Ind. Code § 32-31-8-5 (2022)
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“A landlord shall… (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 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.”
Source Link - 2 Ind. Code § 32-31-8-4 (2022)
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“A waiver of the application of this chapter by a landlord or tenant, by contract or otherwise, is void.”
Source Link - 3 Geels v. Dunbar, 812 N.E.2d 857, 861 (Ind. Ct. App. 2004)
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“Under Indiana law, rental units must be habitable. This includes, among other things heat, hot and cold running water, a leak-free roof, adequate electrical wiring, locks, toilet and bathing facilities, and appliances that work.”
Source Link - 4 Ind. Code § 32-31-7-5 (2022)
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“A tenant shall… (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… (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…”
Source Link - 5 Quebe v. Davis, 586 N.E.2d 914, 921 (Ind. Ct. App. 1992)
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“When the building is a rental property, and the lessor and lessee stalemate over who must stop the leak, we think it more reasonable that the lessor, the party with the greater interest, step forward to prevent further deterioration.”
Source Link - 6 Ind. Code § 32-31-7-7(b), (c), & (f) (2022)
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“(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. …
“(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.”
Source Link - 7 Ind. Code § 32-31-5-7(a) (2022)
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“At the time a landlord delivers a rental unit to a tenant, the landlord shall require the tenant to acknowledge in writing that the rental unit is equipped with a functional smoke detector.”
Source Link - 8 Id. Code § 32-31-8-6(d) & (e) (2022)
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“(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.”
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