Legal Question in Real Estate Law in Indiana

The landlord broke the Lease

My roof leaked all over my living room and my loveseat, and it has been 4 weeks and the lanlord has still not fixed it. I have called every week to see if they will fix it and they tell me they will get to it. I am wanting to move.The Lease says they will responed to your problem with in 48. They are saying that if I move I will be braking the lease and they want to charge me until someone moves in. Can I fight this?


Asked on 6/28/01, 3:56 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: The landlord broke the Lease

Your situation is called constructive eviction, The sooner you move out the sooner your rent liability ceases. If you move due to a construcive eviction, the courts will not require you to continue to pay the balance of the lease. Be sure to document the problems, take pictures and if you have given them a demand in writing to fix the problem you kept a copy.

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Answered on 7/03/01, 10:46 am


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