In terms of tenant rights, Indiana is considered to have some of the most limited protections in the country. Unlike in other regions, Indiana lacks a rent escrow system that allows tenants to deposit their rent with a third party in cases where the landlord fails to fulfill their half of the agreement. In a rent escrow, tenants usually need to provide proper notice to the landlord and obtain approval from a judge before withholding rent until the maintenance issues are resolved.

Instead of a rent escrow system, Indiana tenants are obligated to pay rent even if their landlord repeatedly fails to address necessary property maintenance. However, tenants have two primary avenues for enforcement: contacting the county’s code enforcement or pursuing litigation.

Depending on the specific city or county of residence, tenants may need to engage with different entities for code enforcement. If the issues pertain to the structure of the building, such as floor or roof damage, fire hazards, or deteriorating beams, tenants should report them to the city’s building inspector or engineering office.

In cases where the issues may impact health, such as severe black mold or contaminated water, tenants should report them to the county health department. It is worth noting that the approach to mold-related issues can vary depending on the county, as some county health codes explicitly address mold in rental properties.

To address concerns about potential retaliation from landlords, a law was passed in 2021 by the Indiana General Assembly. This law prohibits landlords from retaliating against tenants who engage in protected activities, such as requesting voluntary housing inspections. Tenants have the right to request property inspections from local entities without fear of retaliation.

If the local entity determines that the property has issues that require fixing, the landlord must comply with the given orders within a reasonable timeframe, or they may face fines from the local entity.

The second method for tenants to ensure that landlords fulfill their warranty of habitability obligation is to file a lawsuit with the county court. If the landlord fails to fulfill their responsibilities, whether by neglecting property maintenance, not providing required systems mentioned in the lease, or failing to maintain habitable conditions, tenants have the right to take legal action.

According to Indiana law, tenants have only one option to potentially reduce their rent if they believe maintenance is necessary: through a “repair and deduct” clause in the lease. If a tenant notifies the landlord of essential maintenance requests and provides them with a reasonable amount of time to address the issues, but the landlord fails to do so, the tenant may undertake the repairs themselves and deduct the cost from their rent.

To strengthen their case in court, tenants are advised to document significant interactions with the landlord in writing. This helps establish a clear paper trail and reduces reliance on hearsay testimony.

This story originally appeared in the Lafayette, Journal & Courier on June 25th, 2023. Portions of this article were generated using artificial intelligence.