Can A Landlord Charge For Maintenance In Indiana?

by | Last updated on January 24, 2024

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O You have the right to access your rental property at all times. It is illegal for a landlord to

deny a tenant access to his rented property by means of changing locks, barring windows or removing doors

. The only way a landlord may deny a tenant entry to a property he is renting is through a court order.

Do landlord or tenants pay maintenance charges?

When a rental property is located inside of a block of apartments, flats or a house conversion or house share, it’s often a requirement that

either the tenant pay an annual service charge

. This charge will usually cover general maintenance and repair work that needs to be carried out in communal spaces.

Should tenants pay for maintenance?

Can landlords charge tenants for repairs? The short answer is

no, not unless the damage was caused by the tenants

, which should be evident from the check-in inventory report. Maintenance and repairs are the landlord’s responsibility and therefore they need to shoulder the cost.

Can a tenant withhold rent for repairs in Indiana?

Unlike some states,

Indiana does not have a law that lets tenants withhold rent or make repairs and deduct it from the rent

. Generally, if you do not pay rent, you could be evicted. There may be very limited cases where you can repair and deduct, but you should talk to a lawyer first.

How much can a landlord charge for cleaning in Indiana?

In Indiana, a landlord is

not allowed to charge a cleaning fee unless it is specifically provided for in writing in the rental agreement

. Even then, the landlord is not allowed to make charges that are due to wear and tear.

Is Indiana a landlord friendly state?

Indiana.

Indiana laws have no tolerance for tenants who don’t pay their rent

. A landlord wishing to evict a tenant for defaulting on rent (or other breach of the lease) must give a 10-day notice to pay rent or move out. If the tenant fails to comply, the landlord can file an eviction lawsuit with the court.

What can you sue a landlord for in Indiana?

  • the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant’s noncompliance with law or the rental agreement; and.
  • unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement (IC 32-31-3-12).

How long does a landlord have to make repairs in Indiana?

You Have the Right to the Return of Your Security Deposit

If a landlord wants to charge you for damages to the property, he or she must also give you an itemized list of damages and the cost of repair within the same

45-day

period.

Can you charge tenants for service charge?

Other landlords prefer to split the costs between themselves and the tenant. Whatever the arrangement, it should clearly state in your tenancy agreement who is responsible for paying the service charge.

It is illegal for landlords to charge tenants for any services not explicitly featured in the tenancy agreement

.

Who is responsible for building maintenance in a lease?


The tenant

remains responsible for maintenance and ordinary repairs to items inside of the leased premises over which the tenant has control. In many commercial leases, however, a landlord may attempt to shift repair and replacement responsibilities to a tenant for items that exclusively service the leased premises.

What does a service charge include?

What is the service charge? Each year, you pay us a service charge. This money goes towards the day-to-day running costs of your development and is used to cover items such as

buildings insurance, maintenance, repairs, gardening and communal facilities, as well as for any staff that might work at the development

.

Can my landlord make me responsible for repairs?

Your responsibilities


You can’t be forced to do repairs that are your landlord’s responsibility

. If you damage another tenant’s flat, eg if water leaks into another flat from an overflowing bath, you’re responsible for paying for the repairs.

Do landlords have to maintain property?

Your landlord has to do anything your tenancy agreement says they have to do.

Your landlord is also generally responsible for keeping in repair

: the structure and exterior of your home, for example, the walls, roof, foundations, drains, guttering and external pipes, windows and external doors.

Is the tenant responsible for repairs?

Generally, if a renter breaks something, they must pay to repair it.

Minor repairs that are simple and inexpensive can be handled by the tenant

. However, if something in the property breaks due to no fault of the tenant (like from normal wear and tear), the landlord is typically responsible for the repairs.

Are landlords responsible for pest control in Indiana?

Indiana State Code and Bed Bugs

If a bed bug or other infestation occurs,

the landlord is therefore not responsible for eradicating the pests if it’s stated in the rental agreement that the tenant is responsible for maintaining the property

.

Can you withhold rent for repairs?

A: Your landlord must return you deposit in accordance with the Rental Housing Act and

can only withhold it if there are damages on the property agreed to at your joint move out inspection

. The damages must be attended to at a reasonable cost and the cost of these repairs deducted from the deposit.

How do I file a complaint against a landlord in Indiana?

Complaints may also be submitted

online at marionhealth.org

. For concerns about vacant properties, contact the Mayor’s Action Center at 317-327-4622. Complaints also may be submitted using RequestIndy’s website, maps.indy.gov/RequestIndy/, or its mobile app.

Can landlord charge for professional cleaning?

The short answer is no –

your landlord can’t force you to pay for a professional to clean your property at the end of your tenancy for any new tenancies

.

Can a landlord charge for carpet cleaning in Indiana?

According to the Department of Agriculture, Trade and Consumer Protection,

landlords CANNOT charge for routine carpet cleaning

– either during the rental term or from a security deposit – no matter what the lease says.

Can a landlord keep my deposit for wear and tear?


Your landlord or letting agent can’t take money from your deposit for ‘reasonable wear and tear’

. This means things that gradually get worse or need replacing over time, for example paintwork, or a piece of furniture.

How much can a landlord raise your rent in Indiana?

Can a landlord raise rent without notice?

A landlord cannot increase rent as long as that price is specified as being the fixed amount for the entire term of the lease

. For example, if you sign a lease for $1,000 per month for 12 months, the landlord cannot charge more than $1,000 per month until after those 12 months.

Do landlords have to provide AC in Indiana?

In Indiana,

landlords are only required to provide heat and air conditioning if this was already being provided by the landlord at the time the lease was signed

. Landlords are not required to begin providing heat or air conditioning to a new tenant if this isn’t something the landlord has ever done before.

Can a landlord sell a house during a lease in Indiana?


Yes, a landlord can certainly sell his property, even with you living there under a lease

. The good news is that the lease doesn’t go away. The new owner has to buy the place with you in it. The buyer simply steps into the shoes of your current landlord.

Can you sue a landlord for emotional distress?

If a landlord causes you severe emotional distress that does not result in physical harm,

you can recover for this purely emotional injury if your landlord’s actions were reckless or intentional

. The money damages may be doubled or tripled if you also claim that the action was an unfair or deceptive practice.

How long does a landlord have to sue for unpaid rent in Indiana?

Today, if a tenant fails to pay rent in an amount equal to or exceeding the amount of the security deposit, a landlord can still sue for damages, even if the landlord fails to send a

45-Day

Letter.

Does Indiana have mold laws?

Mold Disclosure Requirements in Indiana


Indiana doesn’t have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants

.

Maria LaPaige
Author
Maria LaPaige
Maria is a parenting expert and mother of three. She has written several books on parenting and child development, and has been featured in various parenting magazines. Maria's practical approach to family life has helped many parents navigate the ups and downs of raising children.