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Overview
Indiana does not have specific mold legislation for residential rental properties. However, tenants are protected under the implied warranty of habitability codified in Indiana Code 32-31-8-5, which requires landlords to maintain rental properties in a safe, clean, and habitable condition. While Indiana has enacted regulations addressing mold in schools and state agencies under 410 IAC 33, no similar standards exist for residential rentals. The Indiana State Department of Health has confirmed that there are no regulations on mold in residential settings in Indiana. [Indiana State Department of Health - Indoor Air Quality]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Housing
Tenants have a statutory right to rental premises that are safe, clean, and habitable. This includes functioning electrical, plumbing, sanitary, and HVAC systems. The implied warranty of habitability applies to all rental agreements entered into after June 30, 2002, and cannot be waived by landlord or tenant.
Right to Sue for Habitability Violations
Under Indiana Code 32-31-8-6, tenants may bring a court action against landlords who fail to meet habitability obligations. If the tenant prevails, they may recover actual and consequential damages, attorneys fees and court costs, and obtain injunctive relief to compel repairs.
Landlord Responsibilities
Maintain Habitable Conditions
Landlords must deliver and maintain rental premises in a safe, clean, and habitable condition. This includes addressing mold problems since they can threaten health and safety, even though there is no specific mold statute.
Comply with Health and Housing Codes
Landlords must comply with all applicable local health and housing codes. While state law may be silent on mold specifically, local county health departments may have regulations addressing mold as a health concern.
Remedies Available to Tenants
Rent Withholding
Not Available: Indiana law does not provide tenants with a statutory right to withhold rent for habitability violations including mold. While courts have recognized rent withholding as a potential self-help strategy in some cases, it is not codified in state law. Tenants who withhold rent risk eviction proceedings, as landlords may file for non-payment of rent.
Repair and Deduct
Not Available: Indiana law does not provide a statutory repair and deduct remedy for tenants. Unlike some states that allow tenants to make repairs and deduct costs from rent, Indiana requires tenants to pursue remedies through the court system under IC 32-31-8-6.
[Nolo - State Laws on Rent Withholding and Repair and Deduct]
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Indiana
Understanding Indiana's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Indiana's Humid Continental Climate
Indiana has a humid continental climate with warm, humid summers and cold winters. The state receives 38-45 inches of precipitation annually. Summer humidity frequently exceeds 70%, particularly in southern Indiana near the Ohio River. Indianapolis and central Indiana experience typical Midwest humidity levels conducive to mold growth during warmer months.
Midwest Humidity and Basement Issues
Indiana faces typical Midwest mold challenges from humidity and basement construction. Indianapolis and other cities have extensive older housing with basements prone to moisture issues. Southern Indiana near the Ohio River experiences higher humidity and flooding risks. Seasonal flooding along rivers affects many Indiana communities.
School Mold Standards
Indiana has enacted regulations addressing mold in schools and state agencies under 410 IAC 33, but notably no similar standards exist for residential rentals. This regulatory gap leaves tenants with fewer protections than students in school buildings.
Flood-Prone River Valleys
Indiana's river valleys along the Ohio, Wabash, and White Rivers experience regular flooding. These flooding events cause water damage and subsequent mold problems in affected housing. Communities in flood-prone areas face recurring moisture challenges.
Common Mold Types in Indiana
Indiana experiences humid continental climate with summer humidity frequently exceeding 70%. The state's river valleys along the Ohio, Wabash, and White Rivers are prone to flooding. Indianapolis and other cities have older housing with basements. Southern Indiana near the Ohio River experiences higher humidity and more frequent flooding.
Stachybotrys chartarum
Black mold found in chronically water-damaged homes, particularly in river valley communities with flooding history.
Aspergillus
Common throughout Indiana, found in HVAC systems and water-damaged materials in the humid continental climate.
Cladosporium
Prevalent in Indiana basements and bathrooms, thriving in the state's humid summer conditions.
Penicillium
Frequently found in water-damaged materials in Indiana's older housing stock.
Chaetomium
Found in flood-damaged homes along Indiana's river valleys, particularly after Ohio and Wabash River flooding events.
Mold Professional Requirements in Indiana
Implied Warranty of Habitability
Indiana Code 32-31-8-5 establishes the implied warranty of habitability, requiring landlords to deliver rental premises in a safe, clean, and habitable condition. Landlords must comply with all applicable health and housing codes, maintain common areas in a clean and proper condition, and provide and maintain electrical systems, plumbing systems with adequate hot and cold running water, sanitary systems, and HVAC systems with adequate heat. This warranty cannot be waived by contract. The Indiana Supreme Court affirmed these protections in Rainbow Realty Group, Inc. v. Carter (2019), holding that landlords cannot contract around habitability requirements. [Indiana Code 32-31-8-5 - Landlord Obligations]
Mold Disclosure Requirements
Notable Mold Court Cases in Indiana
These cases have shaped mold litigation and tenant rights in Indiana. Understanding legal precedents can help inform your own situation.
Rainbow Realty Group, Inc. v. Carter (2019)
Summary: Indiana Supreme Court case affirming that landlords cannot contract around habitability requirements in lease agreements.
Outcome: The court held that the implied warranty of habitability under Indiana Code 32-31-8-5 cannot be waived by contract.
Significance: This case reinforced tenant protections for habitability issues including mold, establishing that lease provisions attempting to shift responsibility are unenforceable.
Local Regulations
Some cities in Indiana have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Indiana mold law details.
Indianapolis, IN
Local mold risks, prevention priorities, and next steps for Indianapolis.
Fort Wayne, IN
Local mold risks, prevention priorities, and next steps for Fort Wayne.
Evansville, IN
Local mold risks, prevention priorities, and next steps for Evansville.
South Bend, IN
Local mold risks, prevention priorities, and next steps for South Bend.
Bloomington, IN
Local mold risks, prevention priorities, and next steps for Bloomington.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Indiana.
Indiana Housing and Community Development Authority (IHCDA) Programs
IHCDA offers housing rehabilitation programs that may cover mold remediation as part of home repairs for qualifying homeowners.
Eligibility: Income-qualified Indiana homeowners
Coverage: Varies by program - may include mold remediation as part of housing rehabilitation
Phone: 317-232-7777Learn More →
Indianapolis Home Repair Program
City of Indianapolis program providing assistance for critical home repairs for qualifying low-income homeowners.
Eligibility: Low-income Indianapolis/Marion County homeowners
USDA Section 504 Home Repair Program
Federal program providing loans and grants to very low-income rural Indiana homeowners for home repairs including mold remediation.
Eligibility: Very low-income homeowners in eligible rural Indiana areas
Coverage: Loans up to $40,000; grants up to $10,000 for elderly homeowners
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Indiana have specific mold laws for rental properties?
No, Indiana does not have specific state laws addressing mold in residential rental properties. While Indiana has enacted 410 IAC 33 to regulate mold in schools and state agencies, no similar regulations exist for residential rentals. However, tenants are protected under the implied warranty of habitability in Indiana Code 32-31-8-5, which requires landlords to maintain safe and habitable conditions.
Is my landlord responsible for fixing mold problems in Indiana?
Yes, Indiana landlords are generally responsible for addressing mold problems. Under Indiana Code 32-31-8-5, landlords must maintain rental properties in a safe, clean, and habitable condition and comply with applicable health codes. While there is no specific mold statute, mold that affects health and safety violates habitability requirements. However, if the tenant caused the mold through their own actions (such as failing to report leaks), the landlord may not be liable.
Can I withhold rent if there is mold in my Indiana rental?
No, Indiana law does not provide a statutory right to withhold rent for mold or other habitability issues. Withholding rent may result in eviction proceedings for non-payment. Instead, tenants should document the problem, provide written notice to the landlord, and if the landlord fails to act, may sue under Indiana Code 32-31-8-6 to recover damages and obtain court-ordered repairs.
Official Resources
These official resources can help you understand your rights and take action: