Legal Question in Real Estate Law in Indiana

cockroaches in my new apt

I moved in to my new apartment on August 10th. It wasn't long afterwards that I began noticing cockroaches crawling out at night. I politely approached my new land-lady about it immediately. She confessed that they had noticed them after the previous tenants had moved out, and had layed traps for them. No further steps had been taken by my landlady. A week or so later, they had an exterminator come. Then another 10 days later they had a maintainence guy come. (though I was not home, so I have no idea what all he did)

My question is this: what exactly are the required to do about these cockroaches? The bugs are still here... and I'd like to know EXACTLY what my rights are; what is my landlady REQUIRED to do. Is having an untrained maintainence guy good enough? Or should they be having a professional exterminator handle this?

I'm not looking to sue... and cannot afford to pay a lawyer... but I really am interested in the knowledge of someone that is actually familiar with landlord/tenant law.

Thanks in Advance!

ps. plz email me any response at [email protected] !


Asked on 9/03/02, 9:43 am

1 Answer from Attorneys

John Bator Bator Redman & Shive

Re: cockroaches in my new apt

Under Indiana law you have the right to the quiet enjoyment of your leasehold. I believe this includes the right to be bug free, especially from cockroaches.

It sounds like your landlady has been very responsive. Unfortunately you still have the problem after professional spraying, traps and visits by the maintenance crew. Keep after it by contacting her again and suggest Orkin or some other outfit that guarantees results with a warranty. Other than that it appears your landlady is doing all she can and is required to do.

Otherwise, if she is not being responsive, you can call the health department and even break your lease if the problem is serious enough

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Answered on 9/03/02, 11:25 am


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