IC 32-31-8-5 Landlord obligations Sec. 5. A landlord shall do the following: (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. As added by P.L.92-2002, SEC.2.
Also, keep in mind that the tenant also has an obligation to keep the premises free of mice by, for example, keeping the premises clean. A tenant who leaves cheese on the floor cannot complain of mice.
Steve Daily LawServer
October 27, 2012
Ike Summers: ...
In keeping with Joann's question, what if the apartment building let's say was previously treated for mice 1 month prior to leasing to the new tenants? The apartment building though, was only treated in one apartment when previously treated. How would IC 32-31-8 apply?
February 03, 2013
Steven Daily: ...
Really the exact same requirements apply. If the tenant fails to give proper written notice to the landlord, the tenant loses. if the tenant fails to keep the premises reasonably clean, the tenant loses. If the evidence shows that the mice infestation is not the tenant's fault and the tenant has given the required written notice, then the tenant will be successful.