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Retaliation by a Landlord

IC 32-31-8.5-5 — no rent hike, service cut or eviction in response to a protected complaint

A tenant's protected activity is any of the following.

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Who handles this in Indiana: Indiana Legal Help and Indiana Legal Services; and legal aid programs and the state offices, listed in the Indiana directory.

  • Complaining to a government code enforcement agency about a violation that materially affects health or safety.
  • Complaining to the landlord in writing about a lockout, a shutoff or the landlord's repair obligations.
  • Suing the landlord over those obligations, joining or organizing a tenants' organization, or testifying against the landlord.

In response to any of those, a landlord may not raise the rent, cut, end or interfere with services, or bring or threaten an action for possession, eviction, or early termination of the agreement.

  • IC 32-31-8.5-4
  • IC 32-31-8.5-5

The chapter does not stop a landlord from the following.

  • Declining to renew at the end of the term, or raising rent to comparable market levels.
  • Cutting a service for all tenants equally.
  • Suing for possession where the tenant is behind on rent and did not cure in time, caused the code violation, breached the agreement in a way that materially affects health or safety, or holds over after a fixed term.
  • Taking the unit back in good faith at the end of the term to live in it, to renovate in a way that displaces the household, or to stop renting it for at least six months.
  • IC 32-31-8.5-5
Sources for this section (3)
  1. IC 32-31-8.5-2 — "Protected activity"
  2. IC 32-31-8.5-4 — "Retaliatory act"
  3. IC 32-31-8.5-5 — Retaliatory acts by landlord prohibited; nonprohibited acts by landlord; conditions under which landlord may bring certain actions

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.

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