Sec. 5. (a) Subject to subsection (b), and except as provided in subsection (c), a landlord may not engage in a retaliatory act in response to a tenant's engaging in one (1) or more protected activities.
(b) Subsection (a) does not prohibit a landlord from doing any of the following:
(1) Declining to renew a rental agreement at the conclusion of the term of the rental agreement.
(2) Increasing a tenant's rent to that which is charged for comparable market rentals, regardless of whether the increase is effective:
(A) at the conclusion of the term of the rental agreement; or
(B) if provided for in the rental agreement, during the term of the rental agreement.
(3) Subject to applicable law, decreasing or terminating one (1) or more services provided to the rental premises, if those services are decreased or terminated to all tenants on an equal basis.
(c) A landlord may bring an action described in section 4(3) or 4(4) of this chapter (including as a petition for an emergency possessory order under IC 32-31-6) under the following circumstances, or as otherwise authorized by law:
(1) A violation described in section 2(1) of this chapter is caused primarily by the intentional or negligent acts of, or a lack of reasonable care by:
(A) the tenant;
(B) an authorized occupant of the rental premises; or
(C) a guest or invitee of the tenant.
(2) The tenant is in default with respect to rent due and has failed to cure the default within the time set forth in:
(A) IC 32-31-1-6; or
(B) the rental agreement.
(3) Compliance with an applicable building or housing code requires alteration, remodeling, or demolition of the rental premises, such that the tenant would be effectively deprived of use of the rental premises.
(4) The tenant is in noncompliance with a provision of the rental agreement, and the noncompliance materially affects the health or safety of the tenant or others.
(5) The tenant's rental agreement is for a definite term, and the tenant holds over after expiration of the term.
(6) The landlord's action for possession of the rental premises is made:
(A) in good faith; and
(B) before the tenant engages in a protected activity.
(7) The landlord seeks in good faith to take possession of the rental premises at the end of the term of the tenant's rental agreement in order to:
(A) use the rental premises as the landlord's own abode;
(B) alter, remodel, or demolish the rental premises in a manner that requires the complete displacement of the tenant's household; or
(C) terminate for a period of at least six (6) months the use of the property as a rental unit.
As added by P.L.168-2020, SEC.18.
Structure Indiana Code
Article 31. Landlord-Tenant Relations
Chapter 8.5. Retaliatory Acts by Landlords
32-31-8.5-0.5. Waiver of Chapter Prohibited
32-31-8.5-1. Applicability of Definitions
32-31-8.5-2. "Protected Activity"
32-31-8.5-3. "Rental Premises"
32-31-8.5-4. "Retaliatory Act"
32-31-8.5-6. Local Units Prohibited From Regulating Retaliatory Acts