Your fridge in your Indianapolis apartment went warm on a Saturday, and the property manager's voicemail is full. If the fridge came with the rental and was there when you signed, your landlord is required to fix it. Indiana law says they must keep it in good and safe working condition.
That's a lot of food to lose. And it isn't even your fridge.
Tell your landlord in writing first. Then give them a fair amount of time, because the law makes you wait before you can go to court. If they still won't fix it, the law lets you take them to court. In Marion County, you can also file a complaint with the county health department.
What the law doesn't give you is a right to hold back rent.
First, whose fridge is it?
- If the fridge came with the rental and was there when you signed: your landlord fixes it. Going by the law's words, that holds even if your lease says you do.
- If you bought it, or brought it from your last place: it's yours to fix. The state law's appliance rule covers only the ones your landlord supplied. But in Marion County, the owner has to supply a fridge unless your lease says you bring your own. So if your lease doesn't say that, you can ask the owner for one. And if you do bring your own, the owner still has to give you the space and the hookups for it.
- If you broke it: you may have to pay for the fix. We cover that case in when a landlord can charge you for a repair.
The state rule also covers a stove, washer, dryer or dishwasher that came with the place. So the steps on this page work for those too.
Who is responsible for appliance repair in a rental?
Your landlord is, for any appliance that came with the rental and was in the home when you signed the lease. The rule sits in Indiana Code 32-31-8-5, in a list of the things a landlord must keep working, and appliances are on it.
Two things have to be true. The fridge was in the home on the day you signed, and it was part of the deal. The law's words are "supplied as an inducement," and it doesn't explain them. We read that as: it came with the rent.
Then the fix is on your landlord.
Read the exact wording
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: … (F) Appliances supplied as an inducement to the rental agreement.
In Marion County, the housing code says it too
If you rent in Marion County, which takes in Indianapolis, the county's housing code adds its own rule. Section 10-401 of the county code says the owner must provide a fridge and a stove, oven or microwave to cook with, unless your lease says you bring your own. The fridge has to keep food below 40°F, and the freezer below 1°F. The owner has to keep both working.
The county health department's Housing and Neighborhood Health team enforces that code. If your landlord won't act, you can file a complaint online, or call 317-221-2150 on weekdays, 8 a.m. to 5 p.m.
Read the exact wording
"The owner shall provide a stove, oven or microwave oven for cooking food and a refrigerator for the safe storage of food at temperatures less than 40° F for refrigeration and less than 1° F for freezing unless a lease agreement requires the lessee to provide any or all of these appliances. These appliances shall be properly installed with all necessary connections for safe, sanitary, and efficient operation and shall be maintained in good working condition. When the occupant is expected to provide these appliances, adequate space and connections for the safe and efficient installation and operation shall be provided by the owner."
What if your lease says you fix the appliances?
Going by the law's words, a lease can't take that duty away. Indiana Code 32-31-8-4 says a waiver of this law "by contract or otherwise, is void," and a lease is a contract. We go through what that means for your lease in our post on repair charges.
What's your side of the deal?
It's short. Indiana Code 32-31-7-5 says to use the fridge in a reasonable way, and not to damage it.
How long do landlords have to fix broken appliances?
There's no set number of days. Indiana law gives your landlord "a reasonable amount of time," and Indiana Code 32-31-8-6 spells out what has to happen before you can go to court.
You can't skip any of these steps:
- Tell your landlord what's broken.
- Give them a fair amount of time to fix it.
- If they don't fix it, or they say no, you can go to court.
Read the exact wording
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.
One more rule matters. You can't keep your landlord out, so let them, or the tech they send, in to make the repair.
How to give notice
Put it in writing. A dated letter, email or text is proof that you told them, and you'll want that proof if this ever ends up in court.
Say what broke, when it broke and what it's doing now. Add a photo of the inside if you can, and keep a copy of everything you send.
Feel free to copy this one:
Hi (name). The fridge that came with my apartment at (address) stopped cooling on (date). It's now (what it's doing, such as warm inside, or not running at all). Please let me know when it can be fixed. I'll make sure you or your tech can get in. A photo is attached. Thanks, (your name)
What to do with the food
Don't let the food question wait while you sort out the repair. Our guide to food after a power cut has the time limits for a fridge with no power, and a list of what to keep and what to throw out.
Can you withhold rent for repairs in Indiana?
No. No Indiana statute gives you that right. The law's fix is a court case, or in Marion County a complaint to the health department. It isn't a rent cut you make on your own.
The same goes for paying a tech yourself and taking the cost out of the rent, because the landlord law gives you no right to do that either.
It's tempting after a week of warm milk. Talk to a lawyer before you hold back a single dollar. If money is tight, you can ask Indiana Legal Services for free legal help. It helps people with low incomes, but it can't take every case.
What a court can order
If you take your landlord to court and win, Indiana Code 32-31-8-6 lets the court give you any fix that suits the case.
That means the court can make your landlord pay for what you lost, and pay your lawyer and court costs as well. It can order the repair, too. But what your landlord owes you for your losses only starts after two things. You told them, or they knew, the fridge was broken. And they said no, or let a fair amount of time go by without fixing it. So food that spoiled before then may not count.
Read the exact wording
(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.
What should a landlord do when a tenant reports a broken fridge?
Fix it fast, and keep a record. Under the same law, you can owe damages once you know about the problem and say no, or don't fix it in a reasonable time.
Get a tech out soon after the tenant tells you, and keep these three things together in one place you'll find again later:
- The tenant's message: with the date it came in.
- The work order: what the tech found, and what they did.
- The bill: what the repair cost.
If the tenant broke the fridge, you'll need that paper to charge them. If they didn't, it shows when you acted.