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Indiana Code 32-31-8-5. Landlord obligations

Indiana Code > Title 32 > Article 31 > Chapter 8 > § 32-31-8-5. Landlord obligations


Current as of: 2009
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.

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Questions & Answers: Landlords and Tenants

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See also:
Indiana Code > Title 32 > Article 31 - Landlord-Tenant Relations

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 Landlord and Tenant-Contents
Comments (7)add comment
Steve Dawson: ...
Does a lanlord in by law in the State of Indiana have to give notice before entering the premise
1

April 15, 2012
Gary Helmke: ...
Does a Landlord by law in the State of indiana have to give notice before entering the premises?
2

October 15, 2012
Steven Daily: ...
Steve and Gary,

A landlord in Indiana does not need to give notice "in the case of an emergency that threatens the safety of the occupants or the landlord's property."

A landlord's right of entry is covered by section 32-31-5-6 of the Indiana Code, specifically under subsection (f):

http://www.lawserver.com/law/state/indiana/in-code/indiana_code_32-31-5-6

Steve Daily
LawServer.com
3

October 15, 2012
Joann: ...
is it legal to break a lease if i have caught at least 2 mice and not sure if there is more?
4

October 24, 2012
Steven Daily: ...
Joann,

A tenant must give the landlord notice of the condition. See, for example, section 32-31-8-6 of the Indiana Code.

http://www.lawserver.com/law/state/indiana/in-code/indiana_code_32-31-8-6

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
5

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?
6

February 03, 2013
Steven Daily: ...
Ike,

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.

Steve Daily
LawServer.com
7

February 03, 2013

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