Legal Question in Real Estate Law in Indiana

Landlord Suing for Damages

We signed a one year lease for an apartment Feb 1. By May 1 we were moving out due to consistently unresolved problems with heating and plumbing issues (among other things). The property manager verbally agreed to release us rather than fix the apartment. Now she says she is suing for early termination of lease...3 months after we moved out and only after we asked for our deposit back. Can she do this?


Asked on 8/07/01, 9:55 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Landlord Suing for Damages

Your landlord can sue, but she certainly does not have a very good case. What she is doing to trying not to give the deposit back and probably figures that suing for the balance of the lease will result in you agreeing to back down and so will she. It appears that you vacated because you were constructively evicted and she should not prevail in court. I assume this will start in small claims court. If the judgment there is adverse, I suggest you appeal and be sure to have an attorney for the new trial in Superior or Circuit Court.

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Answered on 8/08/01, 5:05 pm


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