Re: Do i have to pay rent if there is no working A/C ?

Re: Do i have to pay rent if there is no working A/C ? by NY-LL on June 11, 2012 @20:05

Indiana Landlord and Tenant Duties
32-31-8-5 Duties of landlord at commencement of and during occupancy

A landlord shall do the following:
(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:
(D) Heating, ventilating, and air conditioning systems. A heating system must be sufficient to adequately supply heat at all times.

The landlord and tenant laws in the State of Indiana do not seem to address the matter of air conditioning specifically. There is no information about how to remedy the condition of a broken air conditioner. The large predominantly warm weather states, like California and Texas, seem to provide remedy for tenants in need of air conditioning repair.

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Re: Do i have to pay rent if there is no working A/C ? by Bryan (Ia) on June 11, 2012 @21:39	[ Reply ]

Got to disagree, what you just posted says that if a AC was present when the unit was rented, it must be maintained in a safe and working condition.

Re: Do i have to pay rent if there is no working A/C ? by NY-LL on June 11, 2012 @22:31	[ Reply ]

The law in the State of Indiana does not specify how long the landlord has to remedy the matter. If the air conditioner was in disrepair in the winter (as tenant mentioned), then does the landlord have to repair the air conditioning in the winter or six months later in the summer? The only resolution for dispute is for the tenant to file a legal claim or deduct repair from rent (which also can imply a legal claim if disputed). California and Texas address the matters specifically in that the states specify court intervention procedures and time frames for written notice repairs.

Re: Do i have to pay rent if there is no working A/C ? by Bryan (Ia) on June 12, 2012 @07:55	[ Reply ]

Actually Indiana code does address the time, it uses a reasonableness standard. IC 32-31-8-6 Tenant's cause of action to enforce landlord obligations Sec. 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.

Re: Do i have to pay rent if there is no working A/C ?