Indiana Renters: What to Do About Secondhand Smoke Issues

Living with secondhand smoke can impact your health and comfort. Renters in Indiana have specific rights when it comes to health and safety, including concerns about secondhand smoke in multi-unit housing. This article guides Indiana renters through their options for addressing smoke complaints, landlord obligations, relevant forms, and legal protections—using clear steps and official resources.

Understanding Secondhand Smoke Rules in Indiana Rentals

In Indiana, there is no statewide law that bans smoking within private rental apartments or multi-unit buildings. However, landlords are free to set their own smoking policies within lease agreements or property rules. Local ordinances, building policies, or health regulations may also apply, especially in common areas.

• No uniform statewide ban: Each landlord or management company sets its own policy.
• Local ordinances: Some cities may restrict smoking in multi-unit housing common areas. Check your municipality's website for details.
• Existing lease terms: Review your lease for smoke-free clauses or policies.

If secondhand smoke drifts into your unit, you may have options under health, habitability, or nuisance law.

Landlord Responsibilities and Tenant Rights

Under the Indiana Code Title 32, Article 31: Landlord-Tenant Relations, landlords must deliver a rental unit that is "habitable," meaning fit for living and reasonably safe¹. Excessive secondhand smoke might violate this standard or constitute a nuisance, but Indiana courts review each case on its facts.

• Landlords must keep common areas "clean and safe" (IC 32-31-7-5)
• Leases may impose additional smoke restrictions or obligations
• If a neighbor’s smoking makes your unit uninhabitable, you may request action

What If There Is No Smoke-Free Policy?

If your lease is silent or allows smoking, options may be limited. However, if secondhand smoke is severe enough to harm your health or render your unit uninhabitable, you can:

• Document all incidents (dates, photos, health notes)
• Communicate with your landlord, preferably in writing
• Request reasonable steps (e.g., better ventilation, policy changes)

How to File a Secondhand Smoke Complaint in Indiana

For most issues, you should start by notifying your landlord in writing. If the problem persists, more formal steps may be possible.

• Notice of Complaint Letter: Indiana does not have a universal form for this, but written notice is required under IC 32-31-7-6. Give your landlord a reasonable opportunity (usually 30 days) to address your concern. Sample Indiana Notice to Landlord (p. 6)
• Request for Repairs Form: If you allege that the smoke makes your unit uninhabitable, use a simple “Repair Request” or “Maintenance Request” form provided by your landlord or municipality.
• Court Action—Small Claims: If there’s no resolution, you may file a claim in your county's small claims court, part of the Indiana Judicial Branch. Forms differ by county.

Practical Steps If Secondhand Smoke Persists

• Keep detailed records of all complaints and responses
• Request changes or reasonable accommodations if you have a medical condition made worse by smoke (e.g., asthma—see the U.S. Department of Housing and Urban Development guidance)
• If needed, seek mediation or file a formal complaint in court

For public health code concerns in common areas, contact your local health department: Indiana County Health Departments.

Official Forms and How to Use Them

• Notice of Complaint Letter (no official form, but strongly recommended)
  When to use: Notify your landlord in writing about the smoking issue and request correction.
  Example: A renter writes a letter describing smoke entering their unit, asking the landlord to act, and keeps a dated copy for their records.
  Sample Indiana Notice to Landlord (see p. 6)
• Indiana Small Claims Complaint Form (county-specific)
  When to use: If unresolved and damages have occurred, file a claim for abatement or compensation.
  Example: After repeated complaints, a renter files a small claims complaint for failure to maintain safe living conditions.
  Indiana Courts Forms Portal

Always seek clarification with your local court or legal aid for the right forms and procedures in your county. The main tribunal for rental disputes in Indiana is your local Civil or Small Claims division of the county court. See the Indiana Judicial Branch for more details.

Frequently Asked Questions: Secondhand Smoke and Indiana Rentals

1. Is smoking allowed in Indiana rental apartments?
   There is no statewide ban, so it depends on your lease or building policy. Some cities or properties restrict smoking—review your agreement and local ordinances.
2. What should I do first if secondhand smoke is bothering me?
   Document the issue, review your lease, and send your landlord a written complaint describing the problem and requesting a solution.
3. Can I break my lease due to secondhand smoke?
   Only if the smoke creates a major health hazard or makes your unit uninhabitable, and you have given your landlord a chance to fix the issue. Consult with a legal aid office before taking this step.
4. What government office handles tenant complaints in Indiana?
   Indiana rental disputes are handled through the local Small Claims or Civil Division of the county court, not a statewide tenant board.
5. Are there any official forms for secondhand smoke complaints?
   There is no dedicated state form, but you should provide a written notice to your landlord using a complaint letter. For legal action, use your county's Small Claims forms.

Conclusion: Key Takeaways for Renters

• Indiana does not have a law prohibiting smoking in all rental units, so lease terms and local rules matter.
• Landlords must provide safe, habitable rentals—excessive secondhand smoke may violate this rule.
• Start with written notice to your landlord and document all problems; escalate to small claims court if needed.

Understanding your rights and following the right steps helps protect your health and support a safe community.

Need Help? Resources for Renters

• Indiana Attorney General’s Office – Tenant Rights Guide
• Indiana Judicial Branch—Find Your County Small Claims Court
• Indiana Local Health Department Directory
• Indiana Legal Help – Free Legal Aid Resources

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1. See Indiana Code Title 32, Article 31: Landlord-Tenant Relations, Sections IC 32-31-7-5 (Landlord obligations) and IC 32-31-7-6 (Tenant notice requirements).
2. For sample complaint letters and more details: Indiana Attorney General: Landlord-Tenant Rights & Responsibilities (PDF guide)
3. Official court contact: Indiana Judicial Branch—Tenant and Landlord Issues

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