Sec. 6. (a) A tenant may bring an action in a court with
jurisdiction to enforce an obligation of a landlord under this chapter.
(b) A tenant may not bring an action under this chapter unless the
following conditions are met:
(1) The tenant gives the landlord notice of the landlord's
noncompliance with a provision of this chapter.
(2) The landlord has been given a reasonable amount of time to
make repairs or provide a remedy of the condition described in
the tenant's notice. The tenant may not prevent the landlord from
having access to the rental premises to make repairs or provide a
remedy to the condition described in the tenant's notice.
(3) The landlord fails or refuses to repair or remedy the condition
described in the tenant's notice.
(c) This section may not be construed to limit a tenant's rights under
IC 32-31-3, IC 32-31-5, or IC 32-31-6.
(d) If the tenant is the prevailing party in an action under this
section, the tenant may obtain any of the following, if appropriate under
the circumstances:
(1) Recovery of the following:
(A) Actual damages and consequential damages.
(B) Attorney's fees and court costs.
(2) Injunctive relief.
(3) Any other remedy appropriate under the circumstances.
(e) A landlord's liability for damages under subsection (d) begins
when:
(1) the landlord has notice or actual knowledge of noncompliance;
and
(2) the landlord has:
(A) refused to remedy the noncompliance; or
(B) failed to remedy the noncompliance within a reasonable
amount of time following the notice or actual knowledge;
whichever occurs first.
As added by P.L.92-2002, SEC.2.
Notes of Decisions
Erwin v. Roe, 928 N.E.2d 609 (Ind. Ct. App. 2010).
· cites it 5× “However, before a tenant files suit against the landlord, he or she must comply with I.C. § 32-31-8-6(b). According to L.C. § 82-31-8-6(b), in order for a tenant to bring suit, the following prerequisites must be met: (1) The tenant gives the landlord notice of the landlord's…”
McCormick v. Kissel, 458 F. Supp. 2d 944 (S.D. Ind. 2006).
· cites it 6× “In this instance, Plaintiffs’ Complaint contains no allegations that Plaintiffs gave Defendants the notice required in Ind. Code § 32-31-8-6 (b) or that Plaintiffs, after providing Defendants with notice, gave Defendants a reasonable amount of time to remedy the problems.”
Smith v. Hous. Auth., 867 F. Supp. 2d 1004 (N.D. Ind. 2012).
· cites it 2× “Ind. Code § 32-31-8-6 . In their Amended Complaint the Smiths have alleged numerous problems related to the condition of the property including a broken and flooding toilet, a roach infestation, broken elevators and air conditioners, filthy carpet, open electrical light sockets,…”
Olympus Props., LLC v. Plotzker, 888 N.E.2d 334 (Ind. Ct. App. 2008).
· cites it 2× “Attorney Fees The small claims court awarded Plotzker attorney fees of $7,505 pursuant to Ind.Code § 32-31-8-6. That section permits a court to award attorney fees if the tenant prevails in an action to enforce an obligation of a landlord.”
Xihui Wang v. Mingyu Sun (Ind. Ct. App. 2023).
· cites it 8× “” Ind. Code § 32-31-8-6 (b)(2). [19] Here, Landlord and Tenant gave conflicting stories at trial.”
Fair Hous. Ctr. of Cent. Indiana, Inc. v. Rainbow Realty Grp., Inc. (S.D. Ind. 2021).
· cites it 4× “The court’s order on the motion for class certification said that the plaintiffs’ claim seeking declaratory relief that Section 32-31-8-5 applies to Rainbow is a common question, but their claims for individual relief under Section 32-31-8-6 are not common. Rainbow argues that…”
Maple Tree LP, II v. Rachel Rebollo (Ind. Ct. App. 2025).
· cites it 4× “Damages for failure to comply with section 32-31-8-5 are recoverable under Indiana Code section 32-31-8-6, which provides, in part, “[a] tenant may bring an action in a court with jurisdiction to enforce an obligation of a landlord under this chapter.”
— Ind. Code § 32-31-8-6(a) — 2 cases
Maple Tree LP, II v. Rachel Rebollo (Ind. Ct. App. 2025).
“Damages for failure to comply with section 32-31-8-5 are recoverable under Indiana Code section 32-31-8-6, which provides, in part, “[a] tenant may bring an action in a court with jurisdiction to enforce an obligation of a landlord under this chapter.”
— Ind. Code § 32-31-8-6(b) — 2 cases
Erwin v. Roe, 928 N.E.2d 609 (Ind. Ct. App. 2010).
“However, before a tenant files suit against the landlord, he or she must comply with I.C. § 32-31-8-6(b). According to L.C. § 82-31-8-6(b), in order for a tenant to bring suit, the following prerequisites must be met: (1) The tenant gives the landlord notice of the landlord's…”
McCormick v. Kissel, 458 F. Supp. 2d 944 (S.D. Ind. 2006).
“In this instance, Plaintiffs’ Complaint contains no allegations that Plaintiffs gave Defendants the notice required in Ind. Code § 32-31-8-6 (b) or that Plaintiffs, after providing Defendants with notice, gave Defendants a reasonable amount of time to remedy the problems.”
— Ind. Code § 32-31-8-6(d) — 1 case
Xihui Wang v. Mingyu Sun (Ind. Ct. App. 2023).
“” Ind. Code § 32-31-8-6 (b)(2). [19] Here, Landlord and Tenant gave conflicting stories at trial.”
— Ind. Code § 32-31-8-6(d)(1)(B) — 1 case
— Ind. Code § 32-31-8-6(d)(3) — 1 case
— Ind. Code § 32-31-8-6(e) — 1 case
Erwin v. Roe, 928 N.E.2d 609 (Ind. Ct. App. 2010).
“However, before a tenant files suit against the landlord, he or she must comply with I.C. § 32-31-8-6(b). According to L.C. § 82-31-8-6(b), in order for a tenant to bring suit, the following prerequisites must be met: (1) The tenant gives the landlord notice of the landlord's…”
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