The Top 12 Rights of Indiana Tenants

Indiana tenants do not have enough legal rights. Hoosier tenants should have the right to withhold rent if housing conditions are poor, and the right not to be evicted from their homes except when good cause is shown.

Indiana should have much better government enforcement of laws mandating safe, secure housing conditions. Tenants facing eviction should have the right to an attorney and far more time and opportunities to fix problems if they are behind on rent.

Court eviction filings should be confidential immediately. Tenants deserve to be better protected from landlords retaliating against them for reporting bad conditions, and have access to far more truly affordable housing.

Indiana tenants deserve these and many other rights that are enjoyed by tenants in other states and countries. Hopefully, advocacy will lead to those rights being in our laws one day soon. But, until then, tenants in Indiana do have some important rights, which many landlords and others may not be respecting or disclosing when they should. Those rights include:

 1.  The right to stay in your home until a court orders otherwise. That means no lockout and no landlord “self-help.”

If your landlord changes the locks, removes doors, or shuts off the utilities while you are still in the home and the landlord has not obtained a court order to do so, they are breaking the law. (By “home,” we mean a house or an apartment or mobile home. Human beings don’t live in “units” or on “property”—where we live is our home.) Indiana strictly prohibits these so-called “self-help” evictions.

If this right is violated: You are entitled to ask a court for an emergency possession order returning your access to the home. See, Indiana Code § 32-31-5-6.

 2.   The right to live in a safe, secure home—no “as is” rental homes.

Tenants are entitled to decent, safe, and sanitary homes under Indiana law. See, Indiana Code § 32-31-8-5. This “warranty of habitability” means landlords must comply with the local health and housing codes. They usually must provide safe and operating electrical systems, plumbing systems, including hot and cold water, sanitary systems, and heat.

It does not matter if your lease or your landlord’s verbal statements say you accept the home “as is,” with sub-standard conditions. You have the right to a safe, secure rental home, and you cannot sign that right away.

If this right is violated: First, give the landlord notice of the conditions that are violating the law, and keep a copy of that notice. Take photos and videos of the problems. Also call the Marion County Health Department and ask for an inspection of the home. Then, if the landlord does not fix the conditions after receiving notice, you can file a claim in court for violation of the warranty of habitability.

But you must still pay your rent in full: Indiana law does not yet clearly allow tenants to withhold rent when conditions are poor.

 3.   The right to “quiet enjoyment” of your home.

Landlords are allowed to inspect or visit your rental home. But they can only come in your home after giving reasonable notice and at reasonable times, except in case of an emergency. See, Indiana Code § 32-31-5-6.

If this right is violated: You are entitled to ask a court for an order requiring the landlord to only come into your home after reasonable notice and at reasonable times. And you can ask for compensation for your landlord’s violation of your right to “quiet enjoyment” of your home.

 4.  The right not to be discriminated against.

Federal and state law prohibit discrimination in housing because of race, national origin, religion, sex, disability, color, or the presence of children in the household.

If this right is violated: If you believe you have been discriminated against, you should contact the Fair Housing Center of Central Indiana, 317-644-0673.

 5.  The right to receive advance notice before most evictions.

If your landlord wants you to move because they are not renewing your lease, they must give you 30 days notice of that non-renewal before they file for eviction. See, Indiana Code § 32-31-1-1.

If your landlord wants to evict you for non-payment of rent, they often have to give you 10 days notice and a chance to catch up on your rent before they file for eviction, although this might not apply in all cases. See, Indiana Code § 32-31-1-6.

If this right is violated: You have the right to oppose an eviction filed against you by telling the judge that you have not received the required notice before the eviction was filed.

It is not enough for your landlord to just claim there is an emergency that allows them to get an eviction without the required notice. To get an emergency eviction, they will have to prove to the judge that you are causing serious damage—“waste”--to the home. Just being behind on rent is NOT an emergency. See, Indiana Code § 32-31-6- 3.

 6.   The right to not be evicted if your landlord is still accepting rent from you.

If your landlord accepts your rent after issuing you a notice of their intent to evict you, or after filing a court action to evict you, that may provide a reason to dismiss an eviction case. This is why many landlords will refuse to accept partial payments after an eviction case has begun.

If this right is violated: You have the right to tell the judge that the landlord has “waived” their right to proceed with eviction because they accepted rent payments after they filed their case. You can ask the judge to dismiss the case.

 7.  The right to have your security deposit returned in full, or be informed exactly why it is not.

Indiana law requires your landlord to return your entire security deposit to you within 45 days of you moving out. This applies only if you have provided your new mailing address and the landlord does not provide you with written details of what charges it is claiming justifies that some or all of your deposit is not being returned. See, Indiana Code § 32-31-3-12.

Normal wear and tear of a rental home is not justification for refusing to return a security deposit.

If this right is violated: You can file your own court claim demanding a return of your security deposit. Be sure to keep a copy of the notice you provided your landlord of your new address and proof that you returned any keys, etc.

Also, as you are moving out, take photos of your rental home and have a witness look at it, so you can prove the condition you left it in.

8.   The right to have many eviction records sealed.

Indiana law allows for many eviction records to be sealed from public view. You should be able to have your case sealed if you had an eviction case filed against you that was dismissed without a judge ordering you to move or to pay money to the landlord. See, Indiana Code § 32-31-11-1.

If this right is violated: The court where your eviction case was filed may have forms you can fill out requesting your case be sealed. And the Indiana Supreme Court has set up a website that walks you through creating your own request: https://indianalegalhelp.org/wp- content/uploads/2022/10/EvictionExpungementPacket_1022.pdf

 9.   The right to reclaim your property if you are evicted.

If you receive a court notice of eviction, you should move your property out as soon as you can. But if you are evicted and your property is in your home, your landlord is required to return to you some items, including medicine and a week’s supply of clothing.

Unless the landlord reasonably believes your property has been abandoned, the rest of your items must be put into storage. You will be allowed to reclaim your property within 90 days if you pay the storage fee. See, Indiana Code § 32-31-4-1.

If this right is violated: In the same court case where you have been evicted, you can request the judge order your property be returned to you or that you be allowed to claim it from storage.

10.     The right not to be retaliated against.

This is an area where Indiana law should be stronger. But it is still unlawful for your landlord to retaliate against you for contacting the health department, filing a Fair Housing Act violation, etc.

If this right is violated: You can tell the judge that the eviction filed against you has been done in retaliation for you asserting your rights. See, Indiana Code § 32-31-8.5-5.

If you believe you are being retaliated against for filing a Fair Housing Act claim, you should contact the Fair Housing Center of Central Indiana, 317-644-0673.

 11.    The right as a domestic violence victim to be safe in your home.

Domestic violence victims have the right to ask your landlord to change locks to protect you from your abuser. You have the right to terminate a lease early if necessary for your safety, and not to have your lease terminated against your will because of the violence against you. See, Indiana Code § 32-31-9-8, 9

If this right is violated: Contact the Indiana Coalition Against Domestic Violence for legal assistance, https://icadvinc.org/legal- resources/

 12.    The right to represent yourself in court.

Landlord-tenant cases in Indiana are usually heard in small claims courts, and most people with small claims cases do not have an attorney. The small claims court should allow you to file documents and represent yourself effectively.

It is important that you attend your court hearing, including any post- eviction “damages” hearing. If you do not attend, you are very likely to lose by default.

If you are in Section 8 or other subsidized housing, it may be particularly important that you defend yourself: eviction could jeopardize your access to rental subsidies.

If this right is violated: In Marion County, the Tenant Advocacy Program provides free attorneys in small claims courts for eviction hearings. You can ask them for advice and help when you appear for a hearing.

If you are outside Marion County or you are in Marion County and want advice or help before you go to court, the largest legal services provider in the state is Indiana Legal Services. To ask for help, call them between 10AM and 2PM at 1-844-243-8570.