Eviction for Unpaid Rent Amid a Landlord's Failure to Provide Heat
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 14, 2026
Legal Inquiry
Consumer Legal Issue
Landlord trying to evict me for back rent when we been without working heat for 2yrs.
I have not had heat for 2yrs.
Attorney Answer
If an eviction has already been filed over the back rent, your most urgent step is responding to the court by the deadline on the eviction papers and raising the two years without heat as a defense at that hearing — not treating this as though the clock only starts with a letter to the landlord today.
Indiana law obligates landlords to maintain essential services such as heat. Indiana Code § 32-31-8-6 gives residential tenants a statutory claim for actual and consequential damages, attorney's fees, court costs, and injunctive relief when a landlord fails to maintain the premises or essential systems after notice and a reasonable opportunity to fix the problem — Indiana law does not provide a repair-and-deduct remedy, so withholding rent yourself is not a safe option. Because two years passed without formal escalation, proving the habitability defense at the hearing depends on what documentation exists. If you have texts, emails, repair requests, photos, or witnesses from that period, gather them now. If no formal notice was ever sent, you can still raise the lack of heat as a defense, but be ready to explain the timeline using whatever informal evidence — utility records, photos, witness statements — you have.
What you can do:
1. Confirm the eviction hearing date or response deadline and respond or appear on time — this is the priority.
2. Assemble any written or informal evidence of the two years without heat.
3. Raise the lack of heat as a defense and possible counterclaim at the hearing.
4. Contact a legal aid organization or tenant-rights clinic right away — eviction defense often qualifies for free representation.
⏱ Time limits apply. Missing the eviction response or appearance deadline can result in a default judgment against you regardless of how strong the heat issue is as a defense. Have a legal aid attorney or tenant clinic confirm your exact deadline immediately.
Relevant Case Law
Rainbow Realty Group, Inc. v. Katrina Carter and Quentin Lintner, 2019 — Indiana Supreme Court
Plaintiffs, which own and manage the properties held in inventory, are “landlords” that violated the Statutes by delivering the disputed property in an uninhabitable condition.
Indiana's highest court held that delivering a property in uninhabitable condition violates the landlord-tenant statutes, which supports a tenant's claim when essentials like heat are missing.
Read the full opinion (CourtListener)
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Courts & Legal Aid in Indiana
- File or look up a case through the Indiana Courts, which serves the state.
- Get free civil legal help from Indiana Legal Services.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
- Visit HUD — Housing Discrimination Complaint to report housing discrimination.
- Visit CFPB Consumer Tools to tenant, mortgage, and eviction resources.
Frequently Asked Questions
Can a lack of heat be raised as a defense to a nonpayment eviction?
In many states, a documented failure to maintain essential services like heat can support a habitability defense or counterclaim at an eviction hearing, though the outcome depends on notice given and available evidence.
Is withholding rent over a maintenance issue a safe option?
Not necessarily; some states allow repair-and-deduct remedies with specific notice requirements, but simply withholding rent without following the proper process can expose a tenant to eviction risk.
What happens if someone misses their eviction response deadline?
Missing the deadline to respond or appear in an eviction case can generally result in a default judgment, regardless of how strong the tenant's underlying defense may be.
