Indiana Renters’ Rights: Mold in Rental Properties

Dealing with mold in your Indiana rental can be stressful, but understanding your rights and next steps can help protect your health and home. This guide explains Indiana law on mold in rentals and what tenants can do to address these issues.

Is My Landlord Responsible for Mold in Indiana?

Under Indiana Code Title 32, Article 31, landlords must keep rental units "safe, clean, and in good repair" for tenants. However, Indiana does not have a specific law addressing mold in apartments. Instead, mold problems are addressed as part of the landlord’s general responsibility to maintain livable premises—also called the warranty of habitability.

• Landlords must fix water leaks and other sources that can cause mold.
• Tenants must keep their units clean and notify landlords promptly about issues like leaks or visible mold.

Landlords are not automatically required to remove mold unless it results from their failure to maintain the property. If mold occurs due to a pipe leak the landlord didn’t fix after you reported it, they can be responsible for repairs and cleanup.

What Should Renters Do If They Find Mold?

If you notice mold in your rental, take these steps:

• Document the problem: Take photos and videos of visible mold or water damage.
• Notify your landlord in writing as soon as possible. This protects you and gives your landlord a chance to fix the problem.

Written notice is key to starting the repair process. Save copies of your notice and any landlord responses for your records.

Sample Notice to Landlord

The Indiana Housing and Community Development Authority suggests sending a letter describing the problem and asking for repairs within a reasonable time (often 30 days).

Indiana does not have an official mold complaint form, but you can write a Repair Request Letter and keep a copy. If your landlord does not respond, you may be able to escalate your complaint.

What If My Landlord Doesn’t Fix the Mold Problem?

If your landlord fails to address the mold after receiving proper notice, you have several options:

• Contact your local health department to report unsafe living conditions. Find your local office via Indiana State Department of Health.
• File a case in Indiana Small Claims Court (part of the local circuit or superior court system). Indiana does not have a separate tribunal for housing; tenant disputes are handled in county courts.
• Consider getting legal help from local legal aid organizations or a tenant advocacy group.

Tenants may ask the court to order repairs or reimbursement for costs if they had to fix a problem the landlord wouldn't address after being notified in writing.

Landlord-Tenant Statutes and Resources

• Indiana Code 32-31-7: Tenant Obligations
• Indiana Code 32-31-8: Landlord Duties

Relevant Forms for Indiana Renters

• Repair Request Letter (no official form): Use a simple letter describing the mold, the repair needed, and requesting prompt action. Example: "I am writing to report mold growth in the bathroom ceiling due to a leaking pipe. Please repair the leak and remove the mold within 14 days."
• Small Claims Complaint (CC-76.1-208-PD-000845): Used to sue a landlord for repairs or reimbursements. File at your local Indiana Small Claims Court and follow instructions listed on their official self-service forms page.

Summary: Mold, Repairs, and Legal Protections

While Indiana law does not directly address mold, landlords must maintain rental properties and respond to tenant complaints about conditions that affect health and safety. The Indiana landlord-tenant statutes cover both landlord and tenant responsibilities, including actions renters should take when repairs are delayed or ignored.

FAQ: Indiana Renters’ Mold Rights

1. What are my first steps if I discover mold in my Indiana rental?
   Notify your landlord in writing immediately and keep a record. Photographs and documentation support your complaint.
2. Can I withhold rent if the landlord ignores my mold complaint?
   No, Indiana law does not allow tenants to withhold rent for repair issues, including mold. Instead, follow the complaint process and, if needed, file in small claims court.
3. Who investigates mold complaints in Indiana rentals?
   Local health departments handle unsafe housing complaints. You can find local offices through the Indiana Department of Health.
4. What if the landlord says the mold is my fault?
   Landlords are not responsible for mold caused by tenant negligence (such as failing to clean or report leaks), but they must address problems resulting from repairs or maintenance they control.
5. Where do I file a case against my landlord for mold or repairs?
   Tenant disputes are handled by local Indiana Small Claims Courts—find more information on the Indiana Courts Official Small Claims Guide.

Conclusion: Key Takeaways on Mold in Indiana Rentals

• Landlords must maintain safe, habitable rentals but Indiana law does not set mold-specific rules.
• Always notify your landlord in writing if you find mold; keep records.
• If the problem is not resolved, contact your local health department or Indiana Small Claims Court.

You do have rights under Indiana law—understanding the process and taking timely action is your best protection.

Need Help? Resources for Renters

• Indiana Housing and Community Development Authority (IHCDA): Information on renter responsibilities and assistance programs.
• Indiana Department of Health: Guidance on reporting unsafe housing (including mold).
• Indiana Small Claims Court: Tenant-landlord legal forms, filing process, and county contact info.
• Indiana Legal Help: Free or low-cost legal resources and referral services for tenants.

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1. Indiana Code Title 32, Article 31, Chapter 8: Landlord Duties (2023)
2. Indiana Housing and Community Development Authority – Renter Issues Booklet
3. Indiana Code Title 32, Article 31, Chapter 7: Tenant Obligations (2023)
4. Indiana Small Claims Courts – Official State Resource

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