Chicago, IL asked in Contracts and Landlord - Tenant for Indiana

Q: Can i break my lease and not be sued if the landlord of my apartment doesnt fix anyhting?

I have 2 broken windows a leaking bathroom ceiling and no air for 3 months now

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

A: Yes and no. If your landlord has failed to provide you with a safe and habitable living space and refuses to make repairs you need to give notice that they need to either fix the issues within a reasonable time or you will consider the lease agreement to be breached under a theory of constructive eviction.

This does not mean that you cannot be sued. It means that you have an argument in court when you do get sued as to why you should not have to pay any damages to the landlord for moving out before the end of the lease term.

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