Many tenants fear standing up to a landlord—worried that if they report unsafe conditions or exercise their legal rights, they’ll face eviction or harassment. That’s exactly why Indiana passed I.C. 32-31-8.5, a statute designed to protect tenants from retaliatory actions by landlords.
Under Indiana law, a landlord cannot retaliate against a tenant who:
- Complains to a government agency about code violations or health/safety issues;
- Joins or organizes a tenant union;
- Testifying against the landlord in a court or administrative hearing;
- Pursues legal remedies available under the lease or Indiana law.
What Counts as Retaliation?
The statute outlines the following as possible retaliatory acts by a landlord:
- Increasing rent;
- Decreasing or terminating services;
- Bringing or threatening to bring an action for possession, or otherwise seeking to evict the tenant or prematurely terminate a rental agreement.
This doesn’t mean that landlords may never pursue these measures, but rather, that the actions will be deemed retaliatory (and therefore prohibited) if they are taken directly in response to a tenant’s engaging in one of the protected activities outlined above.
What Can Tenants Do?
If you believe you’re being retaliated against, you can:
- Assert retaliation as a defense in an eviction case;
- File a counterclaim or separate civil action seeking damages;
- Ask the court to award attorney’s fees, injunctive relief, or other remedies allowed by law.
Disclaimer:
This blog post is intended for general informational purposes only and reflects the laws and legal procedures of the State of Indiana. It does not constitute legal advice, nor does it create an attorney-client relationship. For legal advice specific to your situation, please contact a qualified attorney.
