What to Do If Your Landlord Breaks the Lease in Indiana

If you’re renting in Indiana and your landlord breaks the lease, you have important rights and protections under Indiana law. Whether it’s illegal entry, improper eviction, or not making repairs, understanding your next steps can protect your home and finances. This guide explains practical actions, key Indiana laws, and where to get help.

Your Rights as a Renter in Indiana

In Indiana, both landlords and tenants must follow rules set out in the Indiana Code Title 32, Article 31 - Landlord-Tenant Relations. A landlord may “break” the lease if they fail to meet their obligations, such as:

• Not making necessary repairs affecting health and safety
• Entering your home without proper notice (except emergencies)
• Raising rent or evicting you in violation of your lease terms
• Shutting off utilities or changing locks without court process

If your landlord has violated your lease, you have the right to seek repairs, financial compensation, or end the lease in some cases. Let’s walk through your options step by step.

Steps to Take If Your Landlord Breaks the Lease

Acting quickly and documenting everything is key to protecting yourself. Here’s how:

1. Review Your Lease and Know Your Rights

• Read your lease agreement and note what your landlord is required to do.
• Refer to Indiana state law on lease breaches for backup.

2. Gather Documentation

• Keep written records, photos, or videos of the problem.
• Save texts, emails, or notes from conversations with your landlord.

3. Notify Your Landlord in Writing

• Send your landlord a written notice describing the issue and requesting repair or action within "reasonable time" (usually 30 days, but emergencies require faster response^[1]).
• Use a clear, dated letter or, if possible, email to create a paper trail.

4. Use the Indiana Tenant Complaint Form (State Form 55545)

• Form Name: Indiana Tenant Complaint Form (State Form 55545)
• When to Use: If your landlord does not fix a serious issue after you’ve given written notice, you can file this form to report unresolved concerns to the Indiana Attorney General's Consumer Protection Division.
• How to Use: Complete the form with all details of the violation, attach supporting documents, and submit by mail or online.
• Download the Tenant Complaint Form (PDF)

Submitting this form can trigger an investigation or mediation with your landlord.

5. Seek Mediation or Legal Help

• Contact your local Indiana Housing & Community Development Authority (IHCDA) for rental mediation and counseling resources.
• For urgent health/safety violations, call your local health or building department.
• If you’re facing illegal eviction, the Indiana Courts Eviction Self-Service Forms portal has official forms (for example, to respond to an eviction action).

6. File a Claim in Small Claims Court

• If financial loss or serious lease violation occurs, and complaints are ignored, you can file a case in your county’s Small Claims Court.
• Visit the Indiana state judiciary directory to locate your court and access relevant forms.

The Indiana Courts system is the tribunal that handles residential tenancy disputes.

Relevant Legislation

Tenant and landlord rights are protected under the Indiana Code Title 32, Article 31. Familiarizing yourself with these sections can help you understand your legal position and communicate effectively.

Official Forms for Indiana Renters

• Indiana Tenant Complaint Form (State Form 55545): Used to report unresolved issues after landlord notice. Access it here.
• Eviction Response Forms: If served with court eviction papers, access official forms and instructions at the Indiana Courts Eviction Self-Service Portal.

Always submit forms to the correct agency and keep copies for your records.

FAQ

1. What qualifies as a landlord “breaking the lease” in Indiana?
   A landlord may break the lease if they violate core terms (such as not making repairs or illegally entering the property) or act against state law.
2. Can I withhold rent if my landlord does not make repairs?
   No; Indiana does not allow you to withhold rent, but you can file an official complaint or take legal action if the landlord ignores problems.
3. Where do I file a complaint against my landlord?
   You can file the Tenant Complaint Form with the Indiana Attorney General's Consumer Protection Division.
4. Can I break my lease if my landlord is not complying with the agreement?
   In some cases of major violations affecting health or safety, you may have legal grounds to end your lease early—always seek legal advice first.
5. Where can I access official forms related to rental disputes?
   Find eviction and response forms directly from the Indiana Courts Eviction Self-Service Portal.

Conclusion

• Understand your rights under Indiana law when a landlord breaks a lease.
• Document every step and use official forms such as the Tenant Complaint Form for unresolved issues.
• Reach out to Indiana agencies or courts for formal help if your landlord does not respond.

Addressing landlord lease violations can be stressful, but with the right information and official resources, you can protect your home and rights as a renter.

Need Help? Resources for Renters

• Indiana Attorney General's Consumer Protection Division (file complaints, get mediation help)
• Indiana Housing & Community Development Authority (IHCDA) (renter assistance, education, mediation)
• Indiana Local Court Directory (file claims, access court services)
• Indiana Courts Eviction Self-Service Forms (eviction/response paperwork)
• Indiana Code Title 32, Article 31 - Landlord-Tenant Law

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1. See Indiana Code Title 32, Section 31-8-5 (Landlord Duties, Repairs/Entry)
2. Indiana Tenant Complaint Form: Official Download
3. Tribunal: Indiana Courts (Judiciary)
4. Complete Indiana landlord–tenant laws: Indiana Code Title 32, Article 31

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