My water heater and water connection have been jammed. Is landlord responsible?

Full question:

My water heater and water connection have been jammed because of accumulated dirty in them. My landlord has not responded to my notices regarding the same till date. Under what provision is my landlord obligated to maintain such utilities in working condition for the tenants in Indiana?

• Category: Landlord Tenant
• Subcategory: Repairs
• Date: 04/07/2025
• State: Indiana

Answer:

In Indiana, the obligations of the landlord to maintain a safe, healthy and habitable property is enumerated in Ind. Code Ann. § 32-31-8-5. It reads:

“A landlord shall do the following:
     (1) Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition.
     (2) Comply with all health and housing codes applicable to the rental premises.
     (3) Make all reasonable efforts to keep common areas of a rental premises in a clean and proper condition.
     (4) Provide and maintain the following items in a rental premises in good and safe working condition, if provided on the premises at the time the rental agreement is entered into:
         (A) Electrical systems.
         (B) Plumbing systems sufficient to accommodate a reasonable supply of hot and cold running water at all times.
         (C) Sanitary systems.
         (D) Heating, ventilating, and air conditioning systems. A heating system must be sufficient to adequately supply heat at all times.
         (E) Elevators, if provided.
         (F) Appliances supplied as an inducement to the rental agreement.”
 
Per the above-quoted tenancy law provision, the landlord is obligated to maintain such amenities in good condition. If the landlord refuses to take actions even after notice, the tenant has the following reliefs available to him per § 32-31-8-6:

“(a) A tenant may bring an action in a court with jurisdiction to enforce an obligation of a landlord under this chapter.
(b) A tenant may not bring an action under this chapter unless the following conditions are met:
     (1) The tenant gives the landlord notice of the landlord's noncompliance with a provision of this chapter.
     (2) The landlord has been given a reasonable amount of time to make repairs or provide a remedy of the condition described in the tenant's notice. The tenant may not prevent the landlord from having access to the rental premises to make repairs or provide a remedy to the condition described in the tenant's notice.
     (3) The landlord fails or refuses to repair or remedy the condition described in the tenant's notice.
(c) This section may not be construed to limit a tenant's rights under IC 32-31-3, IC 32-31-5, or IC 32-31-6.
(d) If the tenant is the prevailing party in an action under this section, the tenant may obtain any of the following, if appropriate under the circumstances:
     (1) Recovery of the following:
         (A) Actual damages and consequential damages.
         (B) Attorney's fees and court costs.
     (2) Injunctive relief.
     (3) Any other remedy appropriate under the circumstances.
(e) A landlord's liability for damages under subsection (d) begins when:
     (1) the landlord has notice or actual knowledge of noncompliance; and
     (2) the landlord has:
         (A) refused to remedy the noncompliance; or
         (B) failed to remedy the noncompliance within a reasonable amount of time following the notice or actual knowledge;
          whichever occurs first.”