Indiana Code
Ind. Code § 32-31-8-5 (2026)
Landlord obligations
✓ current as of May 2026
Sec. 5. A landlord shall do the following:
(1) Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition.
(2) Comply with all health and housing codes applicable to the rental premises.
(3) Make all reasonable efforts to keep common areas of a rental premises in a clean and proper condition.
(4) Provide and maintain the following items in a rental premises in good and safe working condition, if provided on the premises at the time the rental agreement is entered into:
(A) Electrical systems.
(B) Plumbing systems sufficient to accommodate a reasonable supply of hot and cold running water at all times.
(C) Sanitary systems.
(D) Heating, ventilating, and air conditioning systems. A heating system must be sufficient to adequately supply heat at all times.
(E) Elevators, if provided.
(F) Appliances supplied as an inducement to the rental agreement.
As added by P.L.92-2002, SEC.2.
Notes of Decisions
Cited in 18
cases (5 in the last 5 years), 2002–2026 · leading case: Erwin v. Roe, 928 N.E.2d 609 (Ind. Ct. App. 2010).
Erwin v. Roe, 928 N.E.2d 609 (Ind. Ct. App. 2010). “1 ISSUES The Erwins raise four issues on appeal, which we consolidate and restate as the following two: (1) Whether the trial court abused its discretion by denying the Erwin's extension of time; and (2) Whether Roe was negligent per se for failing to comply with provisions of…”
Ransburg v. Richards, 770 N.E.2d 393 (Ind. Ct. App. 2002). “92-2002 (to be codified as Indiana Code Section 32-31-8-5(3)). The statute further provides that a waiver of this duty is void.”
Smith v. Hous. Auth., 867 F. Supp. 2d 1004 (N.D. Ind. 2012). “Ind.Code § 32-31-8-5. A tenant may bring an action against a landlord if: (1) the tenant gives the landlord notice of the alleged non-noncompliance; (2) the landlord was given a reasonable amount of time to correct the problem or condition complained of; and (3) the landlord…”
McCormick v. Kissel, 458 F. Supp. 2d 944 (S.D. Ind. 2006). “Ind.Code § 32-31-8-5. However, there are prerequisites to a tenant filing suit.”
Maple Tree LP, II v. Rachel Rebollo (Ind. Ct. App. 2025). “She further alleged Landlords breached their duty to use reasonable care in the operation, inspection, maintenance, and repair of the Unit by failing to provide handrails, and that Landlords’ failure to approve Rebollo’s request within a reasonable time violated Indiana Code…”
Rainbow Realty Grp., Inc., &/or Cress Trust v. Katrina Carter & Quentin Lintner, 112 N.E.3d 716 (Ind. Ct. App. 2018). “" Ind. Code § 32-31-8-5 . There is no dispute that if the Landlord-Tenant Act applied to the Agreement, the Agreement violated the Act's warranty of habitability for rental premises.”
Syed Umar Husainy v. Granite Mgmt., LLC, & Jaffa Varsity 1, LLC (Ind. Ct. App. 2019). “[5] Ultimately, the following claims were set for trial: (1) Granite’s claim against Husainy for nonpayment of rent/breach of contract; (2) Husainy’s claim against Appellees for breach of the covenant of quiet enjoyment; (3) Husainy’s claim against Appellees for an alleged…”
Eures v. Havenpark Mgmt., LLC (S.D. Ind. 2025). “The Second Amended Complaint alleges four claims against Pines LLC for Count I: Breach of Contract; Count II: Violations of Indiana Code § 32-31-8-5; Count III: Negligence; and Count IV: Fraud (See Filing No.”
Pinnacle Props. Dev. Grp., LLC v. Sarah Oliver (mem. dec.) (Ind. Ct. App. 2016). “Court of Appeals of Indiana | Memorandum Decision 10A01-1512-SC-2143 | July 18, 2016 Page 3 of 8 [7] The following day, the trial court entered an order which provided in relevant part: Defendant had a legal right to withhold rent for the month of August, 2015 pursuant to…”
Mt. Helix Acquisitions, LLC v. Latanya Ashmore (mem. dec.) (Ind. Ct. App. 2019). “Court of Appeals of Indiana | Memorandum Decision 18A-PL-1284 | March 4, 2019 Page 6 of 15 Ind. Code §32-31-8-5 (4). [11] Since every Indiana landlord has a statutorily proscribed obligation to provide and maintain electrical, heating, ventilating, and air conditioning systems…”
Vandenbosch v. Daily, 785 N.E.2d 666 (2003). “Indiana Code § 32-31-8-5, entitled "Duties of landlord at commencement of and during occupancy," provides that a landlord "shall .”
Shannon Richard v. Vernon Robinson (mem. dec.) (Ind. Ct. App. 2019). “Ind. Code § 32-31-8-5 (4)(D). Here, it was Robinson’s statutory duty to maintain the HVAC system in “good and safe working condition” and no evidence was offered to demonstrate that the repair was for damage in excess of ordinary wear and tear.”
— Ind. Code § 32-31-8-5(1) — 3 cases
Erwin v. Roe, 928 N.E.2d 609 (Ind. Ct. App. 2010). “1 ISSUES The Erwins raise four issues on appeal, which we consolidate and restate as the following two: (1) Whether the trial court abused its discretion by denying the Erwin's extension of time; and (2) Whether Roe was negligent per se for failing to comply with provisions of…”
Maple Tree LP, II v. Rachel Rebollo (Ind. Ct. App. 2025). “She further alleged Landlords breached their duty to use reasonable care in the operation, inspection, maintenance, and repair of the Unit by failing to provide handrails, and that Landlords’ failure to approve Rebollo’s request within a reasonable time violated Indiana Code…”
— Ind. Code § 32-31-8-5(2) — 2 cases
Maple Tree LP, II v. Rachel Rebollo (Ind. Ct. App. 2025). “She further alleged Landlords breached their duty to use reasonable care in the operation, inspection, maintenance, and repair of the Unit by failing to provide handrails, and that Landlords’ failure to approve Rebollo’s request within a reasonable time violated Indiana Code…”
Eures v. Havenpark Mgmt., LLC (S.D. Ind. 2025). “The Second Amended Complaint alleges four claims against Pines LLC for Count I: Breach of Contract; Count II: Violations of Indiana Code § 32-31-8-5; Count III: Negligence; and Count IV: Fraud (See Filing No.”
— Ind. Code § 32-31-8-5(3) — 3 cases
Ransburg v. Richards, 770 N.E.2d 393 (Ind. Ct. App. 2002). “92-2002 (to be codified as Indiana Code Section 32-31-8-5(3)). The statute further provides that a waiver of this duty is void.”
Syed Umar Husainy v. Granite Mgmt., LLC, & Jaffa Varsity 1, LLC (Ind. Ct. App. 2019). “[5] Ultimately, the following claims were set for trial: (1) Granite’s claim against Husainy for nonpayment of rent/breach of contract; (2) Husainy’s claim against Appellees for breach of the covenant of quiet enjoyment; (3) Husainy’s claim against Appellees for an alleged…”
Maple Tree LP, II v. Rachel Rebollo (Ind. Ct. App. 2025). “She further alleged Landlords breached their duty to use reasonable care in the operation, inspection, maintenance, and repair of the Unit by failing to provide handrails, and that Landlords’ failure to approve Rebollo’s request within a reasonable time violated Indiana Code…”
— Ind. Code § 32-31-8-5(4)(B) — 1 case
Syed Umar Husainy v. Granite Mgmt., LLC, & Jaffa Varsity 1, LLC (Ind. Ct. App. 2019). “[5] Ultimately, the following claims were set for trial: (1) Granite’s claim against Husainy for nonpayment of rent/breach of contract; (2) Husainy’s claim against Appellees for breach of the covenant of quiet enjoyment; (3) Husainy’s claim against Appellees for an alleged…”
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