What can I do if my landlord won't fix uninhabitable conditions in Indiana?

1. Implied Warranty of Habitability — Indiana codifies landlord duties at Ind. Code § 32-31-8-5 (Residential Landlord-Tenant Statutes). Limited common-law warranty also recognized in some appellate decisions.

2. What Counts as Uninhabitable — § 32-31-8-5: comply with health and housing codes materially affecting health/safety; make repairs and arrangements necessary to put and keep premises in habitable condition; keep common areas safe; provide and maintain electrical/plumbing/sanitary/heating/ventilating/air-conditioning/elevator systems; supply running water and reasonable hot water.

3. Tenant Notice to Landlord — Under § 32-31-8-6, tenant must give written notice of the noncompliance and allow reasonable time to repair before suing.

4. Repair-and-Deduct — Indiana has no statutory repair-and-deduct. Self-help is not authorized and risks eviction; tenants must proceed via lawsuit.

5. Rent Withholding / Escrow — Indiana has no rent withholding or court escrow statute. Withholding rent will result in eviction.

6. Constructive Eviction — Recognized at common law; tenant may abandon and terminate where defects render the premises uninhabitable.

7. Affirmative Defense to Eviction — Habitability is generally not a defense to nonpayment eviction in Indiana; tenant must counterclaim for damages and continue paying rent.

8. Damages & Penalties — § 32-31-8-6 allows tenant to recover actual and consequential damages plus attorney fees if landlord fails to comply after notice. Injunctive relief available.

9. Retaliation Protection — Indiana has no general anti-retaliation statute; very limited protection (e.g., § 32-31-8-6 attorney fees against landlord). Common-law claims may apply for retaliatory conduct.

This is legal information, not legal advice.