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Renting? Know your rights

May 16, 2014

05/19/14 If you are renting, it is important to know your rights as a tenant.  Indiana’s landlord/tenant law provides protection to Hoosiers.  Knowing your rights from the beginning can help one avoid any unnecessary problems in the future. 

Indiana’s landlord/tenant law includes the following:  

  • Safe, Clean, Habitable – The landlord must comply with all building and health codes. 
  • Upkeep – The landlord must provide heat, water and appliances.
  • Privacy – A landlord must give advanced notice before they enter your dwelling, unless it is an emergency such as a fire.
  • Access to the Property – You have the right to enter your rental property at all times.
  •  Maintenance of Common Areas – Landlords have a duty to maintain common areas throughout rental premises.
  • Deposit – A tenant has the right to have his security deposit returned if the rental property is returned to the landlord in good order.
  • Right to Legal Action – A tenant has the right to legal action if a landlord neglects his duties and is creating uninhabitable premises.
  • Fair Housing – The Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status, and handicap.
  • Affordable Housing – In affordable housing rents are limited based on average median income for the county.  Rents must not be more than 30% of your monthly income inclusive of utilities.
  • Landlord Rights – A landlord has the right to enter the rental unit after first giving a reasonable notice to visit.  A landlord also has the right to terminate tenancy and pursue an eviction case for tenants who do not pay owed rent, or violate a lease term and do not quit the property when notice is delivered.
  • Termination of Tenancy – Termination for non-payment requires a 10-day written notice.  No notice is acceptable in certain situations, such as the end of a lease term or the tenant is a tenant at sufferance.
  • Tenant Obligations – A tenant must follow health and housing codes, both for the state and any local requirements.  A tenant must give the rental back in as close to original condition as possible.

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