Legal Question in Real Estate Law in Indiana

Return of Sec. Deposit

I rented a townhouse .Was rented in Winter months. During spring time (snow melted) realized that there was an roof leak AT same time in 2nd bedroom, bedpost fell through rotted floor (concealed by carpet). Notified LL. Time went by and leak got worse, drywall was bubbled everywhere in BR, and floor was never fully patched. Called building insp. They gave LL 10 days to fix problems. 10 days came and went,Not until after 10 days were over did they do any ''real'' repairs, and then they continued to do repairs during holiday weekends also(in unoccupied next unit @ 7AM Good Fri& Satur in April). after 30 days of continual problems (repairs being redone several times)& bds becoming inhabitable (Ceiling was taken down in one and wall boards,floors still under repair in other) we notified LL of our termination of tenancy, vacated unit, cleaned unit(better then before) & returned keys. Also gave forwarding address. 45 days have passed and we have heard nothing from LL. Prior to termination of tenancy,LL had said there would be an abatement of rent for time repairs were being done but refused to give us that in writing. There were at least 45 days from time LL was given notice of problems & our move out date. What do I have to do now?


Asked on 6/12/01, 1:40 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Return of Sec. Deposit

The procedure in Indiana is to sue the landlord for return of the deposit. You may also be able to sue for attorney fees for the necessity of suing the landlord. You had a right to terminate the tenancy at any time after the problem became apparent under the theory of constructive eviction. However, for so long as you stayed in the premises you continued to owe the stated rent. It is doubtful that you can recover more than just the security deposit and attorney fees.

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Answered on 6/29/01, 10:00 am


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