Quiet Enjoyment Clause
in Your Lease
What it actually means, what Indiana law says, what's specific to Indianapolis - and exactly what to do. In plain English.
Quick Summary - What You Need to Know
- Indianapolis's row on the comparison reads Reasonable time, no day count. § 32-31-8-6(b) lets a tenant sue only after notice, “a reasonable amount of time to make repairs or provide a remedy”, and a failure or refusal to fix it.
- Interference with possession is barred outright. § 32-31-5-6(c) forbids lockouts, removing doors, windows, fixtures or appliances, and cutting electricity, gas, water or other essential services, “Except as authorized by judicial order”.
- The remedy for that runs on a court calendar. A tenant may petition for an emergency possessory order under § 32-31-6-3(a)(1), and § 32-31-6-5 sets the hearing for not later than three business days after filing.
- Cutting services to punish a complaint is a separate wrong: § 32-31-8.5-4(2) counts it as a retaliatory act, and § 32-31-8.5-5(a) bars it, subject to exceptions such as cuts made to all tenants on an equal basis.
- Indianapolis prints a retaliation ordinance, § 582-105, beside § 32-31-8.5-6, which says a unit “may not adopt or enforce any” ordinance on that subject. Chapter 32-31-6 was read on FindLaw only, so confirm its current text.
Understanding the Quiet Enjoyment Clause
A quiet enjoyment clause is the lease's promise that you can live in the home without the landlord getting in the way: no lockout, no shutoff, no serious problem left unfixed. Indiana's statutes cover that ground in two parts, and the two run on different clocks: one waits on the tenant's notice, the other on a court.
The first part is repairs. Under Ind. Code § 32-31-8-6(b), a tenant may sue to enforce the landlord's duties only after giving notice and allowing “a reasonable amount of time to make repairs or provide a remedy”.
No number of days follows those words, which is why Indianapolis's row on the comparison carries a label and no bar.
The second part is interference. § 32-31-5-6(c) bars a landlord from locking you out, removing doors or fixtures, or cutting essential services, except by judicial order. Its remedy runs on a court calendar instead, through an emergency possessory order.
What renters assume
Indiana gives my landlord a fixed number of days to fix things once I complain, and until that clock runs out I have no remedy in Indianapolis.
What is actually true
§ 32-31-8-6(b) gives the landlord “a reasonable amount of time”, with no day count, before a tenant may sue over repairs. A lockout or utility shutoff is a different matter: § 32-31-5-6(c) bars it outright, and § 32-31-6-5 sets an emergency hearing within three business days of a petition.
Indianapolis makes 24 rows on the comparison on this page, and Indianapolis is one of ten with no bar. The rest of that group belongs to New York City, Atlanta, Philadelphia, Boston, Washington, Newark, Detroit, Charlotte and Milwaukee.
Indianapolis shares its label, Reasonable time, no day count, with Washington and Charlotte.
The other 14 rows carry a figure. Los Angeles, Portland, Columbus and Baltimore sit at 30 days; Chicago, Nashville, Las Vegas, Minneapolis and Kansas City at 14; Seattle at 10; Austin and Miami at 7; Phoenix at 5; and Denver at 24 hours.
One figure stays off Indianapolis's bar. The three business days in § 32-31-6-5 is a deadline for a court to hold a hearing on an emergency petition, not a period for the landlord to cure, and it does not run from a tenant's notice.
Plain English Version
In the Indiana sections we read, no set number of days is given for a landlord to fix a problem. After you give notice, the landlord gets a reasonable amount of time, and only if the repair still is not made can you sue for damages, fees or a court order.
You have to let the landlord in to do the work. A lockout, removed doors or appliances, or a cut to your power, gas or water is different: it is barred unless a court orders it, and you can ask a court for an emergency order. Check the current statute text before relying on any of this.
Quiet Enjoyment Clause Example - What the Wording Looks Like in Indianapolis, IN
The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.
Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.
The Lessee, upon paying the rent and performing the covenants and complying with the conditions on the part of the Lessee to be performed as herein set forth, shall, at all times during the term herein granted, quietly have, hold and enjoy, the apartment without any suit, trouble or hindrance from the Lessor, subject to the terms of this lease, but the Lessor shall only be bound by or be liable under this covenant so long as such Lessor shall be the owner of the land and the building.
Quoted from the published opinion in Zamzok v. 650 Park Ave. Corp., 80 Misc. 2d 573, 363 N.Y.S.2d 868 (Sup. Ct., N.Y. County 1974). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.
“the Lessee to be performed as herein”
The covenant is conditioned on the tenant keeping the tenant's own promises, and in the case behind this wording residents paying into escrow lost their quiet-enjoyment claims on that condition. Indiana writes a step into enforcing a tenant's promises. Under Ind. Code § 32-31-7-7(b), a landlord suing over a tenant's duties stands on the same notice and “reasonable amount of time” footing that § 32-31-8-6(b) sets for a tenant suing over the landlord's.
“during the term herein granted, quietly have, hold and”
This is the promise of possession, and Indiana backs it with a statute rather than leaving it to the covenant. § 32-31-5-6(c): “Except as authorized by judicial order, a landlord may not deny or interfere with a tenant's access to or possession of the tenant's dwelling unit by commission of any act”. The list includes changing the locks, removing doors, windows, fixtures or appliances, and shutting off electricity, gas, water or other essential services, with room for an emergency, good faith repairs or necessary construction.
“to the terms of this lease, but the Lessor shall only be”
The covenant is made subject to the rest of the lease and then starts to limit the landlord's exposure. Indiana's repair route sets its own conditions for that exposure. § 32-31-8-6(b) lets a tenant sue over the landlord's duties only after notice, “a reasonable amount of time to make repairs or provide a remedy”, and a failure or refusal, and the tenant “may not prevent the landlord from having access” to do the work.
“covenant so long as such Lessor shall be the owner of the”
This ties the covenant to ownership, so a sale can change who answers under it. One Indianapolis section speaks to a change in the building's form. Under Revised Code § 551-202(b), a condominium converter may not require a tenant to vacate earlier than 120 days after the purchase offer, except for nonpayment of rent, waste or “conduct that disturbs other tenants' peaceful enjoyment of the premises”. We describe it as Municode prints it.
The landlord won on the quiet-enjoyment claims, and the reason is in the clause's opening words. The court read “upon paying the rent and performing the covenants” as a condition precedent: these residents were withholding their maintenance payments - paying into escrow rather than to the co-op - so the covenant never became operative, and both quiet-enjoyment causes of action were dismissed. They had also never alleged that they abandoned the apartment, or any part of it. Two further rulings are worth knowing. The court accepted that a partial constructive eviction - giving up only part of a dwelling - can breach the covenant. And it held that damages for physical discomfort, annoyance and emotional distress are not recoverable on a contractual covenant of this kind. Leave to replead came with a price: all back rent paid within 10 days. One label matters before you map it onto your own situation - this was a residential co-op proprietary lease on Park Avenue, not an ordinary rental, so read it for the mechanics of the wording rather than as a straight tenancy decision.
One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.
Indiana Law on Quiet Enjoyment Clause
- Section 32-31-5-6(c) is Indiana's direct bar on interference: "Except as authorized by judicial order, a landlord may not deny or interfere with a tenant's access to or possession of the tenant's dwelling unit by commission of any act", including changing the locks, removing doors, windows, fixtures or appliances, and interrupting or shutting off electricity, gas, water or other essential services. The landlord may still interrupt service "as the result of an emergency, good faith repairs, or necessary construction", and the section does not apply to an abandoned unit.
- The remedy for that conduct runs on a court calendar rather than a cure period. Under § 32-31-6-3(a)(1) a tenant may petition for an emergency possessory order "if the landlord has violated IC 32-31-5-6", § 32-31-6-5 requires the court to "Schedule an emergency hearing for not later than three (3) business days after the petition is filed", and on the findings in § 32-31-6-6(a) the court shall order the landlord to return possession, to "Refrain from violating IC 32-31-5-6", or both. FindLaw prints Chapter 32-31-6 as Current as of January 01, 2026; check the current text before relying on it.
- For conditions covered by the landlord's duties in § 32-31-8-5, § 32-31-8-6(b) lets a tenant sue only after giving notice, after the landlord "has been given a reasonable amount of time to make repairs or provide a remedy", and after the landlord "fails or refuses to repair or remedy". The tenant "may not prevent the landlord from having access" to make the repair, and a prevailing tenant may recover "Actual damages and consequential damages" and "Attorney's fees and court costs" and obtain injunctive relief. Section 32-31-7-7(b) puts a landlord enforcing a tenant's duties on the same notice and "reasonable amount of time" footing.
- Cutting services to punish a complaint is a separate wrong. Section 32-31-8.5-4(2) counts "Decreasing, terminating, or interfering with services provided to the rental premises" as a retaliatory act when done in response to a protected activity, which includes complaining in writing about a violation of § 32-31-5-6 or § 32-31-8-5, and § 32-31-8.5-5(a) bars it, subject to the exceptions in § 32-31-8.5-5(b), such as services decreased or terminated "to all tenants on an equal basis".
Sources include Ind. Code § 32-31-8-6(b); Ind. Code § 32-31-8-6(d), (e); Ind. Code § 32-31-8-5; Ind. Code § 32-31-5-6(c); Ind. Code § 32-31-6-3(a)(1); Ind. Code § 32-31-6-5; Ind. Code § 32-31-6-6; Ind. Code § 32-31-7-7(b); Ind. Code § 32-31-8.5-4; Ind. Code § 32-31-8.5-5; Ind. Code § 32-31-8.5-6; Indianapolis Rev. Code § 582-105; Indianapolis Rev. Code § 551-202(b) - statutes change; verify the current text for your situation.
Start with Ind. Code § 32-31-8-6(b). For conditions covered by the landlord's duties in § 32-31-8-5, a tenant may sue only after three things.
The tenant gives the landlord notice, the landlord “has been given a reasonable amount of time to make repairs or provide a remedy”, and the landlord “fails or refuses to repair or remedy”.
No number of days follows. The tenant also “may not prevent the landlord from having access” to make the repair, so letting the work happen is part of the route.
A tenant who prevails may recover “Actual damages and consequential damages” and “Attorney's fees and court costs”, and may obtain injunctive relief. The notice step runs both ways: § 32-31-7-7(b) puts a landlord enforcing a tenant's duties on the same notice and “reasonable amount of time” footing.
Interference with possession is handled separately. § 32-31-5-6(c) says: “Except as authorized by judicial order, a landlord may not deny or interfere with a tenant's access to or possession of the tenant's dwelling unit by commission of any act”. Its list includes changing the locks, removing doors, windows, fixtures or appliances, and interrupting or shutting off electricity, gas, water or other essential services.
The landlord may still interrupt service “as the result of an emergency, good faith repairs, or necessary construction”, and the section does not apply to an abandoned unit.
The remedy for that conduct runs on a court calendar. Under § 32-31-6-3(a)(1), a tenant may petition for an emergency possessory order “if the landlord has violated IC 32-31-5-6”. § 32-31-6-5 requires the court to “Schedule an emergency hearing for not later than three (3) business days after the petition is filed”.
On the findings in § 32-31-6-6(a), the court shall order the landlord to return possession, to “Refrain from violating IC 32-31-5-6”, or both.
Cutting services to punish a complaint is a separate wrong. § 32-31-8.5-4(2) counts “Decreasing, terminating, or interfering with services provided to the rental premises” as a retaliatory act when done in response to a protected activity, such as a written complaint about a violation of § 32-31-5-6 or § 32-31-8-5. § 32-31-8.5-5(a) bars it, subject to exceptions such as services cut “to all tenants on an equal basis”.
The Indiana text was read in Internet Archive copies of the General Assembly's Indiana Code 2026, and Chapter 32-31-6 only on FindLaw, marked Current as of January 01, 2026. Read the current text on iga.in.gov before relying on any of it.
Indiana Tenant Protections
Under Ind. Code § 32-31-8-6(b), a tenant may sue over conditions covered by the landlord's duties in § 32-31-8-5 only after giving notice. The landlord must also have had a reasonable amount of time to make repairs or provide a remedy, and have failed or refused.
No day count is given, and the tenant may not prevent the landlord from having access to make the repair.
A prevailing tenant may recover actual and consequential damages and attorney's fees and court costs, and obtain injunctive relief. § 32-31-7-7(b) puts a landlord enforcing a tenant's duties on the same notice and reasonable-time footing. § 32-31-5-6(c) bars a landlord, except as authorized by judicial order, from denying or interfering with access or possession, including changing the locks, removing doors, windows, fixtures or appliances, and shutting off electricity, gas, water or other essential services.
Service may still be interrupted for an emergency, good faith repairs or necessary construction. Under § 32-31-6-3(a)(1) a tenant may petition for an emergency possessory order, § 32-31-6-5 sets the hearing for not later than three business days after filing, and § 32-31-6-6(a) lets the court order possession returned. § 32-31-8.5-4(2) and § 32-31-8.5-5(a) bar decreasing or interfering with services in retaliation for a protected activity.
Locally, Indianapolis § 582-105 bars retaliation that adversely alters a unit's living conditions, alongside § 32-31-8.5-6, and § 551-202(b) protects a tenant during a condominium conversion.
What's Specific to Indianapolis
Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.
Indianapolis is a city inside a state, so a renter here reads two layers. On interference, the state layer sets the rules, and the city sections we read add a retaliation ordinance and one line of peaceful enjoyment wording.
We read the Revised Code of the Consolidated City and County on Municode, codified through Ordinance No. 42, 2026, passed June 1, 2026 (Supplement 47, Update 2). Chapters 582, 551 and 851 were read in full, plus Chapter 10 of the Marion County public health code as posted on marionhealth.org.
None of those sections sets a number of days to cure an interference with a tenant's use of the unit.
A Municode text search of the Revised Code for “quiet enjoyment” returned no results. The peaceful enjoyment wording we found in the sections we read is in § 551-202(b), on condominium conversions.
Under that subsection, a converter may not require a tenant to vacate earlier than 120 days after the purchase offer, except for nonpayment of rent, waste or “conduct that disturbs other tenants' peaceful enjoyment of the premises”. It protects a tenant's stay during a conversion, and it names disturbing other tenants as one of its exceptions.
The same subsection says the terms of the tenancy shall not be altered during that period.
The retaliation layer is where the two codes meet. Revised Code § 582-105, enacted by G.O.
1, 2020, bars landlord retaliation, including action that “adversely alters the living conditions of the tenant's rental unit”. It sets penalties of $2,500 for a first violation and $7,500 for a later one as to the same tenant.
Ind. Code § 32-31-8.5-6, added by P.L.168-2020, provides that a unit “may not adopt or enforce any” ordinance “concerning retaliatory acts by landlords”, and that such an ordinance “is void and unenforceable”. Municode still prints § 582-105, and we take no position on how the two interact.
Separately, § 32-31-1-20(c) lists “The rights of the parties to a lease” among the aspects of a landlord-tenant relationship a unit may not regulate unless an act of the general assembly authorizes it.
Whatever route you take, a dated file is what makes it usable. Keep each written repair request and the date it went in, photographs of the condition, and the day and hour of any lockout or shutoff.
If a cut to services follows a written complaint, § 32-31-8.5-4(2) is the state section that names it.
Worth having. § 32-31-8-6(b) starts with the tenant's notice, and the landlord's reasonable amount of time follows it. A named address fixes when the notice was given.
§ 32-31-8-6(b) says the tenant “may not prevent the landlord from having access” to make the repair. A clause setting how access is arranged keeps that duty from becoming a dispute.
§ 32-31-5-6(c) bars a landlord from denying or interfering with a tenant's access or possession, including by changing the locks, except as authorized by judicial order.
§ 32-31-5-6(c) bars interrupting or shutting off electricity, gas, water or other essential services except by judicial order, with room for an emergency, good faith repairs or necessary construction.
Sources
The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.
- Ind. Code § 32-31-8-6(b); Ind. Code § 32-31-8-6(d), (e); Ind. Code § 32-31-8-5; Ind. Code § 32-31-5-6(c); Ind. Code § 32-31-6-3(a)(1); Ind. Code § 32-31-6-5; Ind. Code § 32-31-6-6; Ind. Code § 32-31-7-7(b); Ind. Code § 32-31-8.5-4; Ind. Code § 32-31-8.5-5; Ind. Code § 32-31-8.5-6; Indianapolis Rev. Code § 582-105; Indianapolis Rev. Code § 551-202(b), read on web.archive.org. The Indiana General Assembly's Indiana Code 2026 prints § 32-31-8-6 with the history line As added by P.L.92-2002, SEC.2., read in an Internet Archive copy saved 29 September 2026, and FindLaw's copy marked Current as of January 01, 2026 carries the same text.
Red Flags to Watch Out For
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New locks while you were out
§ 32-31-5-6(c) bars changing the locks except as authorized by judicial order. § 32-31-6-3(a)(1) lets a tenant petition for an emergency possessory order.
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Power or water cut with no repair underway
§ 32-31-5-6(c) allows an interruption for an emergency, good faith repairs or necessary construction. Ask in writing which one applies, and note when the service went off.
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Services cut after a complaint
§ 32-31-8.5-4(2) counts decreasing, terminating or interfering with services as retaliation after a protected activity. A cut made to all tenants on an equal basis is an exception.
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Doors or appliances taken out
Removing doors, windows, fixtures or appliances is on the list in § 32-31-5-6(c), barred except as authorized by judicial order. Photograph what is missing.
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A repair that does not come
§ 32-31-8-6(b) lets a tenant sue after notice and a reasonable amount of time without a repair, for damages, fees and costs, or injunctive relief. Keep the dated notice.
Your Rights as a Indianapolis Tenant
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No lockout without a court
§ 32-31-5-6(c): except as authorized by judicial order, a landlord may not deny or interfere with your access to or possession of the unit.
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An emergency hearing
§ 32-31-6-5 sets a hearing on an emergency possessory petition for not later than three business days after filing. Confirm the current text first.
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Repairs after notice
§ 32-31-8-6 lets a tenant sue after notice and a reasonable amount of time, for actual and consequential damages, attorney's fees and court costs, or injunctive relief.
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No service cuts as payback
§ 32-31-8.5-4(2) and § 32-31-8.5-5(a) bar decreasing, terminating or interfering with services in response to a protected activity.
What To Do - Step by Step
Name the problem
A lockout or shutoff falls under § 32-31-5-6(c); a repair falls under § 32-31-8-6(b). The two run on different routes, so start by deciding which one you have.
Give notice and keep the date
§ 32-31-8-6(b) starts with the tenant's notice. Put it in writing even though the section does not say written, and keep a dated copy.
Let the repair happen
The tenant “may not prevent the landlord from having access” to make the repair. Offer times in writing so the record shows access was given.
For a lockout or shutoff, go to court
§ 32-31-6-3(a)(1) allows a petition for an emergency possessory order, and § 32-31-6-5 sets the hearing for not later than three business days after filing.
Log each occurrence
Note the date, time, length and effect of every outage, lockout attempt or missed repair. Damages under § 32-31-8-6 are shown with records like these.
Read the current text, then get help
Chapter 32-31-6 was read on FindLaw only and the rest in Internet Archive copies of the Indiana Code 2026. Read them on iga.in.gov, then take your file to an Indianapolis legal aid office or tenant attorney.