Indianapolis, IN asked in Landlord - Tenant for Indiana

Q: Can I break off my lease without penalty because my landlord has failed to rid our apt of mice? I keep a VERY clean home

I have contacted my apt office three times about the mice problem since the day I saw one. I've trapped three mice now and have no idea how many are left but I can hear them in the walls. I have an infant and I'm constantly living in fear. My husband and I want to move out but are afraid they'll charge us a lot of money for it. Help please

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Landlord Tenant Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: This falls into a murky area in landlord/tenant law. Yes, you can elect to unilaterally break your lease on grounds of constructive eviction. Constructive eviction occurs when the landlord fails to make necessary repairs or does not maintain or keep up the property to a livable standard. When this occurs the tenant may elect to break the lease and move elsewhere.

That said, claiming constructive eviction is not a dispositive claim. Simply saying you have been constructively evicted does not make it true or force the court to recognize that you were constructively evicted. Your landlord may still come after you for damages for breaking your lease early and any damage done to the premises.

If the property is so run down or infested that it would be a safety hazard to live there, you need to document this clearly, with photos and videos that clearly show the infestation and state of the property. Make sure it is dated and clearly shows to anyone who would view the photos or videos what they are looking at and where they are looking at. Send in writing notice to your landlord that if they do not fix the issue within a reasonable time you will be moving out and consider yourselves constructively evicted. It is important to give your landlord a reasonable time to fix the issue. If the landlord fails to do this, then you may move out.

Document everything. All communications, all damages, everything. Consult with an attorney in your area for advice and possible representation.

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