Legal Question in Real Estate Law in Indiana

Breaking & Entering

according to in my lease as a tenant they have to give you a timely manner notice.

however our maintance person keeps breaking into our home according to our landlord he does not have a key.

however we have witness that has seen him coming out of our home when we are not present like right after we leave.

is this a vilation of our lease and can we take this to court and if so how?

how do we seek leagal action for moving expences?


Asked on 2/11/03, 11:25 pm

1 Answer from Attorneys

John Bator Bator Redman & Shive

Re: Breaking & Entering

It depends on the lease-if management has the right to enter to do repairs, they can enter to conduct those repairs but they should give you notice beforehand unless they are of an emergency nature-if they are a true emergency, then there might be grounds to enter without a key-otherwise they are liable for damages for the breaking and entering and you may have grounds to bust the lease. Generally, moving expenses are not recoverable, but if you sue for breach of contract or breach of the covenant of quiet enjoyment you may recover damages for moving etc. Consult an attorney and bring him a copy of the lease

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Answered on 2/12/03, 9:52 am


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