Legal Question in Real Estate Law in Indiana

Evicting month to month tenants and they are going to fight back in court using the grounds of warranty of habitability defense. Will they win? I have one text saying shower leaks into unfinished basement . Fixed it a few times. One tenant said hell fix it. They haven't paid rent in yrs. Hallway lights haven't worked in 9 months. Was verbally told that info. I did nothing due to no rent to help pay for repairs.


Asked on 8/11/16, 11:57 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

Warranty of habitability is only a defense as to the amount of rent owed. You can evict.

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Answered on 8/14/16, 5:20 pm


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