Full question:
My tenant during his lease period has damaged my rental unit beyond recognition. When I confronted him about the same, he said that he is not obligated to pay for the damages. What do I in this situation? How do I recover the damages from him in Indian?
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: Indiana
Answer:
In Indiana, the tenancy laws impose certain obligations on the tenant while dwelling in a rented unit which are enumerated in Ind. Code Ann. § 32-31-7-5. It reads:“A tenant shall do the following:
(1) Comply with all obligations imposed primarily on a tenant by applicable provisions of health and housing codes.
(2) Keep the areas of the rental premises occupied or used by the tenant reasonably clean.
(3) Use the following in a reasonable manner:
(A) Electrical systems.
(B) Plumbing.
(C) Sanitary systems.
(D) Heating, ventilating, and air conditioning systems.
(E) Elevators, if provided.
(F) Facilities and appliances of the rental premises.
(4) Refrain from defacing, damaging, destroying, impairing, or removing any part of the rental premises.
(5) Comply with all reasonable rules and regulations in existence at the time a rental agreement is entered into. A tenant shall also comply with amended rules and regulations as provided in the rental agreement.
(6) Ensure that each smoke detector installed in the tenant's rental unit remains functional and is not disabled. If the smoke detector is battery operated, the tenant shall replace batteries in the smoke detector as necessary. If the smoke detector is hard wired into the rental unit's electrical system, and the tenant believes that the smoke detector is not functional, the tenant shall provide notice to the landlord under IC 22-11-18-3.5(e)(2).
This section may not be construed to limit a landlord's obligations under this chapter or IC 32-31-8.”
In the given case, the tenant is in violation of the above-quoted provision as he has damaged the property beyond a reasonable measure. In such situation, the provisions in Ind. Code Ann. § 32-31-7-7 grant the landlord certain reliefs and recover the cost of the damage caused by the tenant to the property. It reads:
“***
(f) If the landlord is the prevailing party in an action under this section, the landlord may obtain any of the following, if appropriate under the circumstances:
(1) Recovery of the following:
(A) Actual damages.
(B) Attorney's fees and court costs.
(2) Injunctive relief.
(3) Any other remedy appropriate under the circumstances.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
