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Real Property for Indiana Paralegals
Section 10 . 2 . 2

Landlord Duties

Jonathan Watson

Similarly, the landlord also has certain statutory duties imposed by the Ind. Code. Under Ind. Code § 32-31-8-5, a landlord must deliver the premises in compliance with the rental agreement and in a safe, clean, and habitable condition, comply with all health and housing codes, keep common areas in a clean and safe condition, and ensure that any of the following which are provided are in a good and safe working condition: electrical, plumbing (especially supply of hot and cold water), sanitary, and HVAC systems, elevators, and appliances.

As with the tenant obligations, a tenant has a right of action against a landlord for failure to follow these requirements.[1] Similarly, a suit cannot be brought unless the tenant gives the landlord written notice and a reasonable amount of time to fix the problem. During that time, the tenant may not block the landlord’s access to the property. The tenant, if successful, may recover damages, consequential damages, and attorney’s fees, as well as receiving injunctive relief and any other legal remedies.

[1] Ind. Code § 32-31-8-6.

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