Legal Question in Real Estate Law in Indiana

Early Termination of Lease

Terms are written 45 notification of termination of lease. I provided written notice. Wondered if I could terminate before the 45 days if personal safety is at risk.

Living in a three story apartment building, with approximately 30 units. Fire alarm went off in the entire building. Tenants all left the building. Alarm NOT connected to the fire department.

Is that legal?

And second, the security guard turned off the alarm with his key WITHOUT contacting the fire department. His exact words, ''I didn't see any smoke.''

Can I terminate earlier than 45 days and use wreckless endangerment or personal safety?


Asked on 5/03/01, 8:38 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Early Termination of Lease

Once you have given the required notice of termination, you are free to leave at any time prior to the actual final day. As to whether you will continue to owe rent through that final day if you depart prior to the final day, that is a question for the court. Your defense would be called constructive conviction in that it was not safe to continue living there or that the place was unfit for habitation. I suspect the court would require you to continue to pay the rent for the final 45 days. You can always pay the rent and live elsewhere, or you can move out without paying and cross your fingers that the Judge will believe that the conditions you have described are sufficient to rise to the level of a constructive conviction.

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Answered on 6/20/01, 9:51 am


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