Legal Question in Real Estate Law in Indiana

Landlord fails to make promised repairs

I entered a 12 month lease in October. In November my bathtub began leaking through the kitchen ceiling. Dec,28th the handyman and the landlord worked on the tub. They put silicone around the pipes and told me to wait yet another week to use the tub. I waited 8 days and it still leaked as bad as ever. I notified him repeatedly to no avail. I gave him my notice to vacate on Jan 22 for failing to make the repairs. He let me know that he would not let me out of the lease and would come after me through court. Jan 25, he came into the home to go through a list of repairs I had for him all of which he said he would have taken care of within 5-7 days. It is Jan 5th and nothing is done. I had a witness to this last meeting. Can I move out and not be ruled against by the judge for the remainder of the lease?


Asked on 2/05/03, 2:10 pm

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: Landlord fails to make promised repairs

The general rule of law is that to break a lease for failure to make repairs is that the problem must be of a nature so as to render the dwelling uninhabitable. Not being able to shower or bathe might be considered as such but I would strongly urge you to retain counsel asap

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Answered on 2/05/03, 4:09 pm


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