Legal Question in Real Estate Law in Indiana

Re: When is a lease void?

A least is not void or illegal when the premises are uninhabitable. Uninhabitability is a legal argument for avoiding the terms of the lease. But it is a remedy of avoiding the remainder of the term of the lease (you must pay for the time you actually stay there) and you must convince the judge that it was uninhabitable.

As to a doorknow not latching properly? It depends upon the type of structure you have rented and what the lease says about what types of repairs. If you are in a separate structure (such as a house) rather than in a building with several residences with a common entrance (an apartment complex), it would generally been seen as your obligation to repair the front door latch, where in the opposite situation (where you are within a building), it would be the landlord's obligation to repair and maintain the latch.

Again, the problem with the door popping open whenever someone goes in and out of the building, while annoying, may not be seen by the Judge as an indicia of uninhabitability, whereas if other people just wander in because your door is open, that might be viewed differently.

Be sure that when you make your complaints, if it is not fixed after a couple calls to the office, then begin giving the landlord written notice and sending it certified so you get a return card and know they got it, or personally deliver it to a representative of the company and make them sign a separate sheet of paper acknowledging your complaint arriving with them.

Most residential leases when problems arise are not void but are avoidable if certain conditions make the premises uninhabitable.