Legal Question in Real Estate Law in Indiana

how can I receive true fairness

. I moved into my apt Feb2702 the repairs were my front door. my front door does not close. the top lock is my only security. I stay in area where you need both locks, i am young, single women who works late. who needs to have security but my landlord does not seem to think that.So the question is do i owe them any money {the reason why i say that is i held rent back for 3.5 months. the reason i have not move because it is closer to my job {4 blocks away}know the big question is can they garnish my wages and put me out at the same time. I pray you pick my question because finacial I can not afford a attorney. and the area I stay in they everyone is stupid because they stay in there complex. I pray you can help me sign fairness


Asked on 7/05/02, 2:01 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: how can I receive true fairness

At the time your lease began and the repairs were necessary, Indiana law did not permit you to withhold rent to compel repairs. If you did not make the repairs yourself, then your landlord will have the right to evict you and garnish your wages to collect his past due rent. If you had made the repairs and could prove to the judge you had asked the landlord to make them and he refused, then the judge would probably deduct the cost of the repairs from the past due rent.

However, failure to pay rent prior to July 1, 2002, always ended up in the landlord's superior right to evict you and to collect the rent for the periods of time you lived there, as well as for the future until the expiration of your lease if he was unable to secure another tenant (unless the judge determined that the apartment was unliveable and terminated your obligation to pay rent with the time you moved out).

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Answered on 7/07/02, 10:06 am


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