Legal Question in Landlord & Tenant Law in Indiana

I am a renter, and my landlord is threatening eviction for lack of rent payment. The lease contains the following clause:

"If you are in violation of this Lease, we can, without demand or notice (other than the notice that is provided in this paragraph) in addition to other remedies allowed by law:

...c. Terminate the Lease and your right to occupy your Bedroom and institute an action for eviction;

d. Terminate your right to occupy your Bedroom and institute an action for eviction, but not terminate the Lease or end your monetary obligation for the Bedroom; ..."

My question: Under what circumstances is it typical for the landlord to institute action "d?" Would they evict me, yet not terminate the lease, if I am behind on rent payments? I have already moved out of the apartment and into a new one. Currently, I am seeking someone to sublease the bedroom and finish the lease- which ends July 31, 2012. However, I am having trouble finding a subleaser and would welcome the eviction if they also terminate the lease.

Another clause that I find interesting...

"No termination of this Lease prior to the Ending Date of the Lease Term will affect our right to collect the total amount of the Rent. You will not move out of your Bedroom or exercise any right of termination arising out of any breach by us of any provision of this Lease due to the condition or state of repair of your Bedroom or the Apartment, and you waive any right, statutory or otherwise, to do so. No surrender of your Bedroom by delivery of keys or otherwise will terminate this Lease unless and until expressly accepted in writing by us."

So even if they do terminate the lease, may they exercise the right to collect the remainder of rent? And do I really not have any right to terminate the lease under any conditions?


Asked on 7/14/11, 7:17 am

1 Answer from Attorneys

Short version. They can continue to collect from you, but are required to minimize their damages by seeking to rent the place to someone else. If they cant, you oculd be responsible until the lease term is up. If the place was uninhabitable or your quiet enjoyment of the premises was interefered with, you might have grounds to argue that you should be permitted out of the lease.

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Answered on 7/16/11, 9:32 pm


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