Legal Question in Real Estate Law in Indiana

Landlords and Tenants

I gave a landlord $1000.00 for fist months rent and deposit. He actually told me to give him two hundred and take the other $100.00 and to get the carpet cleaned.He said that the only thing that needed to be fixed was a window .Well the first half of the month I didn't have any water then once I told him he did't want to come to fix it . I called him and I told him that I now don't have any hot water. He insited on coming to look at the situation when he picked up the rent money for December. I told him that I have not been able to stay in there with out no hot water because I have a special needs child and he has to have hot water . So I polietly ask him nicely if I can have my first months rent back and he keep the deposit .He told me I would be taking from there company. He wouldn't be able to give me my money back.Can I sue him for pain and suffering or damages a long with the money he owes me for me and my child not able to stay there and he promised that there was no probems with the house.So could you please help me threw this situation?


Asked on 1/29/01, 4:08 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Landlords and Tenants

This is a constructive eviction once the apartment is uninhabitable due to no water. So long as you moved out promptly, you owe no rent beyond the period of time you resided there. Assuming you provided the landlord a forwarding address as required by law, he cannot retain your deposit. If you failed to move out, then you continue to owe rent during the period you lived there regardless of whether you had water or not.

If you moved without giving a forwarding address, you have probably lost your right to recoup your deposit.

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Answered on 3/15/01, 11:20 am


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