Indiana Renters: Your Rights During Elevator Outages

If you rent an apartment in an Indiana high-rise, reliable elevator access is essential – especially for tenants with disabilities or mobility concerns. A sudden elevator outage can disrupt your daily life, make your home inaccessible, and raise important questions about your rights under Indiana law. This page explains your protections, what steps you can take if an elevator is out, and official resources for further help.

Understanding Elevator Outages and Renter Rights in Indiana

Elevators in multi-story rental buildings must be maintained in safe, working condition. Indiana landlords have a legal duty to keep rental premises, including elevators, fit and habitable for tenants. For renters with disabilities, elevator access can be considered a reasonable accommodation under federal and Indiana law.

Landlord Responsibilities for Elevator Maintenance

According to the Indiana Code Title 32, Article 31, Chapter 8 – Landlord Obligations:

• Landlords must comply with health and safety codes affecting property condition.
• All common areas (including elevators) must be kept in a clean and safe condition.
• Repairs must be made within a “reasonable time” after written notice from the tenant.

If elevator outages leave some tenants unable to access their homes, that may be a violation of the landlord’s obligation to provide a habitable residential environment.^[1]

Additional Rights for Tenants with Disabilities

Tenants with mobility impairments or other disabilities have extra protections under the federal Fair Housing Act and the Indiana Civil Rights Law. If the elevator outage blocks access, you may have the right to request a reasonable accommodation – for example, temporary relocation, a rent reduction, or expedited repairs.

What To Do If Your Elevator Is Out in an Indiana High-Rise

• Document the outage— record dates, times, and how it impacts your use of your apartment or accessibility.
• Notify your landlord in writing. Indiana law requires written notice to trigger the repair duty. Email or certified mail is best.
• If you have a disability, clarify how the outage prevents you from accessing your home and request a reasonable accommodation.

If your landlord fails to act within a reasonable time, you may have grounds to file a formal complaint.

How to File a Complaint or Take Further Action

If your landlord is unresponsive, you can:

• Contact the Indiana Attorney General’s Consumer Protection Division to file a consumer complaint.
• If discrimination due to disability is involved, file a complaint with the Indiana Civil Rights Commission.
• For habitability or safety violations, contact your local housing code department.
• If you are considering withholding rent or breaking your lease due to continued inaccessibility, seek legal advice or file a claim in your local small claims court.

Official Forms Indiana Renters May Need

• Tenant Written Notice of Need for Repairs – There is no state-mandated form, but your notice should clearly state the issue (elevator outage), dates, and your request for timely repair. Keep a copy for your records and send by a trackable method.
• Indiana Civil Rights Commission Intake Questionnaire: Used when alleging housing discrimination based on disability. Fill out this form if your landlord fails to accommodate a disability relating to an elevator outage. Download from the Indiana Civil Rights Commission.
• Indiana Attorney General Consumer Complaint Form: Submit this form if the landlord is not providing repairs for a necessary amenity. See how to submit online or by mail at the official Consumer Complaint portal.

These steps help ensure your complaint is recognized and preserves your right to further legal remedies.

Which Tribunal or Board Handles Rental Disputes in Indiana?

Indiana does not have a single residential tenancy tribunal. Most disputes (like habitability or accessibility issues) are handled by the county’s Small Claims Court system or through your local code enforcement. Disability discrimination complaints are handled by the Indiana Civil Rights Commission.

FAQs for Indiana Renters Facing Elevator Outages

1. What if my landlord refuses to repair the elevator?
   You can notify them in writing, submit a complaint to the Indiana Attorney General, reach out to local code enforcement, or file a claim in small claims court if repairs are not made within a reasonable time.
2. Can I break my lease if the elevator is out and I can't access my apartment?
   Leaving your lease early due to inaccessibility may be justified, especially for tenants with disabilities, but always seek legal advice first. Proper written notice and documentation are critical.
3. Is my landlord required to offer a rent reduction during an elevator outage?
   Indiana law does not automatically require rent reductions, but you may negotiate a reduction if the outage makes your apartment less usable. If you have a disability, this may relate to a reasonable accommodation request.
4. Where do I get the official form to report housing discrimination in Indiana?
   Use the Indiana Civil Rights Commission Housing Intake Questionnaire to start the discrimination complaint process.
5. How quickly must a landlord fix the elevator?
   Indiana law requires repairs in a “reasonable time” after the tenant provides written notice. What is "reasonable" depends on the circumstances, especially for tenants who cannot access their unit without the elevator.

Key Takeaways for Indiana Renters

• Report elevator outages to your landlord in writing and keep records to protect your rights.
• Accessible housing is a legal right, especially for tenants with disabilities—request accommodations as needed.
• Use Indiana's official complaint forms and courts to escalate issues if the elevator is not repaired promptly and the situation affects your home’s habitability or your personal access.

Knowing your rights and following the correct steps means you don’t have to handle elevator outages alone.

Need Help? Resources for Renters

• Indiana Civil Rights Commission – File housing discrimination complaints or request support with disability accommodations.
• Indiana Attorney General Consumer Protection Division – Submit complaints about unaddressed repairs.
• Indiana Small Claims Court – For rental disputes over habitability or accessibility.
• Indiana Code Title 32, Article 31 – Full text of Indiana landlord-tenant laws.
• U.S. Fair Housing Act Information – Official overview of your federal housing rights.

---

1. See Indiana Code Title 32, Article 31, Chapter 8 – Landlord Obligations
2. See The Fair Housing Act (federal accessibility and accommodation protections)
3. See Indiana Civil Rights Commission (official state tribunal for discrimination claims)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations