Legal Question in Real Estate Law in Indiana

Landlord Asks For Keys

We purchased a home with 3 months left on a lease. We had a sub-lease option in our lease. We were going to continue paying rent on the apartment since it was cheaper than paying all of the penalty's as well as the final 3 months rent. We had talked to the property management company and told them what we were going to do and told them if they found anyone that wanted to sub-let to let us know as well. A few days later the property management company called and left a voice mail that we needed to return our keys or pay $20.00 per day fee. Not wanting to incur any additional fees we obliged and had assumed that they had re-rented the apartment since they wanted the keys. 2 months later we get a cancellation notice for $2800.00 for fees and the 3 months rent. Did they break the lease by taking the keys back? I turned down offers to sub-let thinking that they had re-rented.


Asked on 2/11/03, 10:43 am

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: Landlord Asks For Keys

It sounds like the management co thought you moved out and thats why they demanded the keys-did you make it clear you would continue to pay rent? Can you prove you had sub-tenants? It sounds like you may have some defenses to their claim for the unpaid rent. The law requires the landlord to mitigate his damages by making reasonable efforts to relet.

I would recommend hiring counsel since the lease terms will be important as well as other fact not discerable from your question. An attorney with full knowledge of the facts and the lease terms may save you money in the long run by nipping this thing before it goes to court and they incur attorney fees which under the lease may be charged to you.

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Answered on 2/11/03, 11:32 am


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