Lafayette, IN asked in Landlord - Tenant for Indiana

Q: Can I be sued for not paying rent when landlord hasn't done repairs or replaced appliances?

4x finished basement (where master bedroom and bathroom are located) flooded and landlord didn't repair/replace drywall or flooring, I did. Told them it flooded and they didn't even offer to come clean up. I had to replace stove and fridge. Over year ago major plumbing leak and plumbers took out half of dinning room wall to get access to plumbing. Landlord has not fixed the wall. Been staring at half plastered wall for over a year. Last time I signed a lease was 2008. I am fed up, moving. Do I need to pay pro-rated rent? Do I need to give them notice I'm leaving and how much notice? Can I take the stove and fridge I bought when I move? I've replaced 4 rooms flooring, upgraded. They've never painted any walls. They just collect my rent every month.

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1 Lawyer Answer
Troy Tyson
Troy Tyson
Answered
  • Landlord Tenant Lawyer
  • Greenwood, IN

A: Yes, you can. Tenants in Indiana are required to pay regardless of whether or not the landlord is fulfilling obligations. What you can do, however, is sue the landlord for a breach of the lease agreement, and ask the court to award you back rent.

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