Chicago, IL asked in Landlord - Tenant for Indiana

Q: My landlord has not fixed my heat and I moved in September2018 and realized I didn’t have heat til November came.

The last time I heard from her was December 5 then 2 days later they shut my gas off from the outside. I called the company and they told me someone did now I have court and I feel like it is constructive eviction. It’s now January and still no heat. Rules need to be change where a landlord needs to be held accountable.

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1 Lawyer Answer

Alexander Florian Steciuch

Answered
  • Landlord Tenant Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Constructive evictions occurs when a landlord refuses or fails to uphold the implied warranties of the lease agreement, such as the implied warranty of habitability. Landlords are required by Indiana law to always provide heat to a tenant no matter what time of the year. Lack of heating can be evidence of a constructive eviction if the landlord refuses to fix the problem. Furthermore, landlords cannot have the tenant's utilities shut off.

You need to consult with a local landlord tenant attorney in your area as soon as possible.

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