Vincennes, IN asked in Landlord - Tenant for Indiana

Q: I paid rent in full from Aug. 2020 to May 2021. Can I get my money back for the remaining months I haven’t lived there?

I moved into this apartment with my fiancé in August of 2020. We were skeptical about moving here because we are college students and there were many things broken and wrong when we first moved in. We paid the landlord rent from August 2020 to May 2021. Our heater went out yesterday and there are cracks in the window frames/sills that let cold air in the apartment, which makes it extremely cold without the heater working. We have decided to move somewhere better for us and with better living conditions. Can I get my money back for the remaining months that we haven’t lived here for (meaning January to May)?

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

A: You can file an action in small claims court for what is called "constructive eviction". If you are successful in your suit, you could be awarded legal fees and court costs, as well as be reimbursed for some of the rent and your security deposit.

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