Legal Question in Real Estate Law in Indiana

Re: Lease Termination

The Indiana landlord-tenant law found in Title 32 of the Indiana Code does not define such events as are recognized by the Courts as constructive eviction of the tenant when the conditions of the rental unit are less appealing than anticipated. If you give notice and move out on the theory of constructive eviction or that you were promised a non-smoking unit and while you do not smoke others have been allowed to move in so close to you that the effects of not-smoking cannot be taken advantage of may be considered by a court as a constructive eviction, and the judge may look cross-eyed at you and believe that you are merely too sensitive. If you reside in an urban area (a town or city) with a city code, you might first contact the local code enforcement to check your unit to see that it is in compliance with applicable building codes and that may well settle the question if code enforcement cites the landlord. Otherwise, it is your argument that you were deprived of beneficial enjoyment of your leasehold and cross your fingers.