Legal Question in Landlord & Tenant Law in Indiana

Landlord asked me to move and is now trying to get me to enter an agreement to r

I lost my job and could not pay my rent. I offered to move out but she said that she couldn't afford the payment. When we moved in she didn't have the money to replace the already destroyed carpet. After she found someone else to rent the property she taped a letter to our door asking us to move out in 3 days. She broke in the next day, destroyed the front door, and took pictures of the house. We moved out on time but did not have enough time to clean. We didn't get all of our stuff. I asked for my things back and she wanted payment for back rent and damages. The next day she dumped torn pieces of door frame, bags of trash, and old blinds in my driveway. I did not get back my actual belongings. I got a letter taped to the door saying that she wanted $500 a month for back rent and damages. She detailed the damages, (including the cost of brand new carpet, a garage door that was broken by her boyfriend, and the cost to remove the trash from the house). She says that if we don't contact her and agree to pay the money by Friday that she'll sue us for the remainder of the lease. I'll pay what I owe but can I fight without being sued for breech of contract?


Asked on 8/04/03, 3:01 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Landlord asked me to move and is now trying to get me to enter an agreement

I am not admitted to practice in your state. The answers provided below are based on general tenets of landlord tenant law, and may or may not be 100% accurate.

Generally a landlord may not hold on to personal property to induce you to pay your rent or damages. That is called "conversion" and her "conversion" of your personal property is something you could sue her for.

A tenant is only liable for breach of contract (or breach of lease) when that contract is in writing or is otherwise definite and certain. If she taped a notice to your door telling you to be out in three days (and I hope you saved a copy of it), then it is unlikely she can be very successful in suing you. Also, she has to mitigate her damages, which means she can only sue you for the amount of actual time the apartment remains vacant. If she has new tenants and they are renting the apartment immediately, her damages are highly suspect.

If she broke down the door and ruined the entry, she would be responsible for that, unless you forced her to do that by, for example, changing the locks without providing her a key.

Generally speaking it would be a good idea to find a local attorney to help you sort through this mess. Consult your local bar association for a referral to a competent practitioner in your area.

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Answered on 8/04/03, 3:42 pm


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