Cal. Civ. Code § 32-31-8.5-5
Retaliatory acts by landlord prohibited; nonprohibited acts by landlord; conditions under which landlord may bring certain actions
Operative Text
Sec. 5. (a) Subject to subsection (b), and except as provided in subsection (c), a landlord may not engage in a retaliatory act in response to a tenant's engaging in one (1) or more protected activities. (b) Subsection (a) does not prohibit a landlord from doing any of the following: (1) Declining to renew a rental agreement at the conclusion of the term of the rental agreement. (2) Increasing a tenant's rent to that which is charged for comparable market rentals, regardless of whether the increase is effective: (A) at the conclusion of the term of the rental agreement; or (B) if provided for in the rental agreement, during the term of the rental agreement. (3) Subject to applicable law, decreasing or terminating one (1) or more services provided to the rental premises, if those services are decreased or terminated to all tenants on an equal basis. (c) A landlord may bring an action described in section 4(3) or 4(4) of this chapter (including as a petition for an emergency possessory order under IC 32-31-6) under the following circumstances, or as otherwise authorized by law: (1) A violation described in section 2(1) of this chapter is caused primarily by the intentional or negligent acts of, or a lack of reasonable care by: (A) the tenant; (B) an authorized occupant of the rental premises; or (C) a guest or invitee of the tenant. (2) The tenant is in default with respect to rent due and has failed to cure the default within the time set forth in: (A) IC 32-31-1-6; or (B) the rental agreement. (3) Compliance with an applicable building or housing code requires alteration, remodeling, or demolition of the rental premises, such that the tenant would be effectively deprived of use of the rental premises. (4) The tenant is in noncompliance with a provision of the rental agreement, and the noncompliance materially affects the health or safety of the tenant or others. (5) The tenant's rental agreement is for a definite term, and the tenant holds over after expiration of the term. (6) The landlord's action for possession of the rental premises is made: (A) in good faith; and (B) before the tenant engages in a protected activity. (7) The landlord seeks in good faith to take possession of the rental premises at the end of the term of the tenant's rental agreement in order to: (A) use the rental premises as the landlord's own abode; (B) alter, remodel, or demolish the rental premises in a manner that requires the complete displacement of the tenant's household; or (C) terminate for a period of at least six (6) months the use of the property as a rental unit.
Indiana Code § 32-31-8.5-5 prohibits landlords from taking retaliatory actions against tenants who have engaged in legally protected activities, such as complaining about housing conditions. However, the law carves out several situations that are not considered retaliation, including declining to renew a lease at its natural end, raising rent to match comparable market rates, or uniformly reducing services to all tenants. Landlords also retain the right to pursue eviction or possession actions under specific, defined circumstances—such as when the tenant caused a lease violation, failed to pay rent, or the landlord genuinely needs the unit for personal use or major renovation.
Plain English — not legal advice.
Under Ind. Code § 32-31-8.5-5, compliant operators are careful to ensure that any adverse action taken against a tenant—such as non-renewal, rent increases, or service reductions—is grounded in legitimate, documented business or market reasons rather than in response to a tenant's protected activity. Rent increases should reflect comparable market rates, and any service reductions should be applied uniformly across all tenants to fall within the provision's safe harbors. When pursuing possession, operators generally document that the basis for the action—such as a rent default, lease violation, or good-faith personal use need—clearly predates or is independent of any protected activity by the tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-8.5-5 gives tenants protection against landlord actions that are motivated by the tenant's exercise of legally protected activities, such as reporting habitability concerns. If a tenant believes a rent increase, non-renewal, service cut, or eviction filing was triggered by a protected activity rather than a legitimate reason listed in the statute, that belief may form the basis of a legal defense or complaint. Tenants in this situation may wish to document the timeline of events carefully and consult a tenant-rights organization or legal aid provider familiar with Indiana landlord-tenant law for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API