Indiana Tenant Rights During Building Repairs

If you are renting in Indiana and your home needs repairs, it's important to know your rights and your landlord's obligations. Indiana law protects both tenants and landlords when maintenance or repairs are needed, so you can feel secure while your building is being fixed. This article explains key tenant protections in Indiana, including what notices are required, how to handle temporary disruptions, and what to do if repairs aren’t made properly.

Understanding Your Rights During Repairs

Indiana state law requires landlords to keep rental units “safe, clean, and fit for human habitation.” That means maintaining essential services—like heat, water, electrical systems, and structural safety. When major repairs are necessary, landlords must balance making fixes with ensuring tenants can safely live in their homes.¹

What Obligations Do Landlords Have?

• Maintain the property so it meets Indiana's health and safety requirements
• Complete necessary repairs promptly after being notified
• Provide reasonable notice (unless it’s an emergency) before entering for repairs

If the landlord needs to enter your unit for repairs, Indiana law requires them to give you “reasonable notice”—typically considered 24 hours, unless urgent work is needed.¹

Temporary Displacement & Alternative Housing

If repairs make your rental temporarily uninhabitable, you may be eligible for a rent reduction or other arrangements. However, Indiana law does not obligate landlords to pay for alternate accommodation unless written into your lease. Always check your individual rental agreement for extra protections.

Steps to Take if Repairs Disrupt Your Tenancy

• Document everything: Keep records of requests, landlord responses, and any issues caused by repairs.
• Request repairs in writing: Written requests are best for proof. Use the forms described below when possible.
• If repairs threaten your health or safety and are not addressed, you may have legal grounds to seek remedies via Indiana courts or agencies.

Tip: If you aren't sure whether your repair request qualifies for legal action, reach out to an official housing resource or legal aid in Indiana.

Relevant Official Forms for Renters

• Indiana Notice to Landlord of Needed Repairs: While Indiana doesn’t provide a standardized state-issued form, tenants are advised to use a written repair request addressed by name and sent via a method that gives proof (like certified mail or email). Example: If your heating stops working in winter, send a dated letter to your landlord describing the problem and ask for timely repair.
• Petition for Emergency Possession (Marion County Only, Form E1): If repairs are so severe that your home is unsafe to occupy and your landlord doesn’t respond, some counties (like Marion) allow you to file a Petition for Emergency Possession (Form E1) with the county housing court. Example: If your roof collapses and your landlord doesn’t act quickly, you may petition the court for help regaining safe housing.

What if Your Landlord Fails to Make Repairs?

If repairs aren't made after written notice, you can seek help from your county small claims court or local health department. Indiana does not have a state housing tribunal, but each county circuit or superior court can adjudicate disputes. See the Indiana Judiciary (courts) website for details.

Relevant Indiana Tenancy Law

Tenant rights and landlord obligations are set out in the Indiana Code 32-31, especially Chapter 8 (Tenant Obligations) and Chapter 7 (Landlord Obligations). These laws cover maintenance, repair timelines, and tenant legal recourse.¹

1. What happens if my rental home becomes unlivable during repairs?
   If repairs cause your apartment or home to be unsafe ("uninhabitable"), you may be entitled to pursue legal remedies, like breaking your lease or seeking rent abatements, through the local courts. However, automatic relocation or compensation is not guaranteed by state law.
2. Does my landlord have to tell me before doing repairs?
   Yes, landlords must give "reasonable notice" before entering your unit for non-emergency repairs, usually at least 24 hours.
3. Can I stop paying rent if my landlord doesn’t fix things?
   No. Indiana law prohibits withholding rent without a court order. Not paying rent may lead to eviction.
4. Where do I file a complaint if my landlord refuses to repair?
   You can file with your local small claims court or contact your city or county health department. See the Indiana court locator and your county's government website for specifics.
5. Are there official forms for repair requests?
   There is no statewide "repair request" form. A written letter or email is sufficient. For emergency repairs affecting habitability, see if your county court has emergency petition forms.

Need Help? Resources for Renters

• Indiana Housing & Community Development Authority – Renter Education
• Indiana Judiciary – Find Your County Court
• Indiana Legal Services – Tenant Help
• Indiana Attorney General – Consumer Protection Division

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1. Indiana Code Title 32, Article 31 – Landlord-Tenant Relations

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