Often, when tenants are evicted or threatened with eviction, they do not know where to turn. Many tenants do not understand the rights they have under the law, and landlords frequently take advantage of this ignorance in dealing with their tenants. All tenants, however, do have rights which a landlord is bound to honor. Knowing what your rights are, and understanding how to apply them, could make the difference between being evicted and staying in your residence.
Habitable Dwelling
So, what are the rights that you have as a tenant? First, you have a right to a habitable dwelling. That means that the landlord must maintain the residence and keep it in a condition that is clean, sanitary, and safe enough for someone to live in comfortably. This is known as the warranty of habitability, and it is required of landlords under Indiana law. The landlord’s obligation under the warranty of habitability does not mean that a landlord must provide luxury living for their tenants; just because a particular item is not working in the home, or the paint is chipped, or the carpet is a little worn, that does not mean that a landlord has violated the warranty of habitability. Rather, the warranty of habitability is more of a baseline, or what the law would consider essential components to a clean, safe living space. This would include functioning utilities, absence of mold or other harmful toxins, solid building structure, a sanitary environment, etc.
Upkeep, and Maintenance of Common Areas
Landlords are required to maintain the common areas of a rental property. This means that, while a landlord is not responsible for the cleaning of your own personal residence (once you have moved in), he or she is responsible for upkeep of those areas that are shared by all tenants. Common areas could include fences, parking lots, landscaping, playgrounds, recreational areas, etc.
Access to Property
A landlord is required to grant you general access to the property you are paying for. A landlord may not bar a renter from their property by changing locks, barring windows, or taking other “self-help” steps. If for some reason your landlord believes that you have violated the rental agreement, and wishes to evict you, he or she must first go through the formal eviction process, and obtain a writ from a court to be able to retake possession of the property. Any self-help measures undertaken by a landlord which circumvent this process are improper.
Deposit
If you paid a deposit as part of your rental agreement, then your landlord is obligated to return that deposit to you if you leave the property in good condition when your lease ends. While landlords are permitted to withhold portions of your deposit for genuine damage that you may have caused to the property, landlords cannot do such withholding just to keep your money, or to do repairs covering normal wear and tear, which they would have undertaken anyways. Landlords are required to return security deposits to tenants within 45 days of the end of the lease.
Fair Housing
Finally, the federal Fair Housing Act prohibits, among other things, rental discrimination based on race, color, national origin, religion, sex, familial status, or disability. A landlord may not prevent you from renting a unit, or try to evict you, based on those factors. If you believe you have experienced rental discrimination from a landlord in Indiana, you can file a complaint with the Indiana Civil Rights Commission, 100 North Senate Avenue, Room N-103, Indianapolis, IN 46204. You can also call them at (317) 232-2600.
Conclusion
The majority of landlord-tenant lawsuits are filed due to nonpayment of rent by a tenant. In reality, landlords win most of those cases, because the facts are relatively straightforward, and easy to prove. However, if you are in the process of being evicted, don’t just give up immediately. You may have one or more valid defenses if your landlord has violated any of the above obligations. Proving your defenses in court could prevent you from being evicted, or, if you are evicted, it could help you mitigate any monetary damages you would owe to the landlord.
NOTE
All legal references are made with respect to Indiana law. Please check the laws of your local jurisdiction if you live in another state.
The articles in this blog are for informational purposes only. No attorney-client relationship is established through the publication of these articles.
