Asked in Civil Litigation, Contracts and Real Estate Law for Indiana

Q: If we never signed a lease can we be sued for nonpayment of rent?

The landlord verbally agreed to certain necessary repairs which I have evidence of in text and then backed out several months after we moved in. Things like black mold and leaking roof and floor repairs. We did not sign a lease or verbally agree to a lease. We just paid the deposit and first months rent to get inside and then paid rent each month. After telling us they would not be doing the repairs, we decided to move out but just had to wait for a place to open up. We have found one and it took our last 2 months of rent to pay the deposit and first month of rent. Once we move can the owner sue for unpaid rent?

1 Lawyer Answer

A: Unless you pay all the rent you owe the landlord COULD try to sue you--in small claims court. If I were you I would concentrate on moving out ASAP, and not worry about the landlord being unhappy. The outrageous problems you have suffered are more than sufficient to defeat any legal claim for rent due.

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