Legal Question in Real Estate Law in Indiana

Re: Can I get out of my lease early?

If the written lease does not provide for early termination, then a tenant moving out prior to the expiration of the lease faces a probable lawsuit for damages equal to the balance due under the lease. The landlord, at the same time has an obligation to mitigate his damagaes by offering the apartment for rent prior to renting those which are empty because the lease has expired. Once a new tenant is secured the rent stops becoming due on a month to month basis.

You have raised a security concern. If the lease provides for security services at the complex or if the advertising says there are patrols, then it is more likely that if she were to move out, a judge might agree with her that the landlord had breached its covenant of quiet enjoyment or that the tenant was constructively evicted, in which cases the obligation to pay rent stops when the tenant moves out.

Not all judges view security issues as reasons for moving. Be sure the tenant files all complaints about the apartment complex in writing to the complex, as most apartment complexes claim at trial the manager or staff were unaware of problems.

Re: Can I get out of my lease early?

More Courts are recognizing the inabilty of an apartment complex to provide adequate security so tenants can enjoy the sanctity of their apartments-a legal doctrine called the doctrine of quiet enjoyment. Much will depend on the language in the lease and whether or not you can document the incidents-you should make certain you can prove that management is and was aware of the problem and did nothing to correct it. After several occurrences, you may have built a case for termination of the lease without penalty.

Unfortunately, the law in Indiana still tilts in favor of landlords, so moving out and then asserting lack of security as defense to colection of the lease payements and related charges is very risky-landlords often file such cases in small claims courts where they get favorable treatment. You could file suit seeking a declaratory judgement-that is ask the court to terminate the lease before you move out