§ 32-31-8.5-5 — Retaliatory acts by landlord prohibited; nonprohibited acts by landlord; conditions under which landlord may bring certain actions

Indiana § 32-31-8.5-5

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 31: LANDLORD-TENANT RELATIONS
• Ch. 8.5: Retaliatory Acts by Landlords

Text

(a) Subject to subsection (b), and except as
provided in subsection (c), a landlord may not engage in a retaliatory
act in response to a tenant's engaging in one (1) or more protected
activities.
(b) Subsection (a) does not prohibit a landlord from doing any of the
following:
(1) Declining to renew a rental agreement at the conclusion of the
term of the rental agreement.
(2) Increasing a tenant's rent to that which is charged for
comparable market rentals, regardless of whether the increase is
effective:
(A) at the conclusion of the term of the rental agreement; or
(B) if provided for in the rental agreement, during the term of
the rental agreement.
(3) Subject to applicable law, decreasing or terminating one (1)
or more services provided to the rental premises, if those services
are decreased or terminated to all tenants on an equal basis.
(c) A landlord may bring an action described in section 4(3) or 4(4)
of this chapter (including as a petition for an emergency possessory
order under IC 32-31-6) under the following circumstances, or as
otherwise authorized by law:
(1) A violation described in section 2(1) of this chapter is caused
primarily by the intentional or negligent acts of, or a lack of
reasonable care by:
(A) the tenant;
(B) an authorized occupant of the rental premises; or
(C) a guest or invitee of the tenant.
(2) The tenant is in default with respect to rent due and has failed
to cure the default within the time set forth in:
(A) IC 32-31-1-6; or
(B) the rental agreement.
(3) Compliance with an applicable building or housing code
requires alteration, remodeling, or demolition of the rental
premises, such that the tenant would be effectively deprived of
use of the rental premises.
(4) The tenant is in noncompliance with a provision of the rental
agreement, and the noncompliance materially affects the health
or safety of the tenant or others.
(5) The tenant's rental agreement is for a definite term, and the
tenant holds over after expiration of the term.
(6) The landlord's action for possession of the rental premises is
made:
(A) in good faith; and
(B) before the tenant engages in a protected activity.
(7) The landlord seeks in good faith to take possession of the
rental premises at the end of the term of the tenant's rental
agreement in order to:
(A) use the rental premises as the landlord's own abode;
(B) alter, remodel, or demolish the rental premises in a manner
that requires the complete displacement of the tenant's
household; or
(C) terminate for a period of at least six (6) months the use of
the property as a rental unit.

Legislative History

As added by P.L.168-2020, SEC.18.