Legal Question in Real Estate Law in Indiana

Are Noise, Allergies, and Harrassing Landlords Sufficent Cause to Break Lease

Specifically, here the reasons we would be looking to break the lease: After move-in massive amounts of hay were laid and I have a severe hay allergies and wouldn't have moved in if I had known about this. The party noise has not been addressed nor is it getting better even after repeated complaints. Ceiling construction is such that we can't have any quiet enjoyment of life while in the apartment. The landlords harassing nature make communication with them impossible for fear of physical harm, plus their abusive language makes it impossible to have a conversation). They continue to enter the apartment no less than twice a week to ''inspect'' even though it's been made clear that if we�re not around or notice hasn't been given it would be unreasonable. A fraudulent representation of the lease by the landlord in regards to my ability to have a cat as well as the premises we would be moving into (i.e. Construction happening during our tenancy, Mud pit in the back, and cheap construction that is easy damaged). The break-in that occurred in this apartment has made comfortable living impossible; There is constant fear that another break in will happen and living in the place where the incident happened is making the fear worse.


Asked on 10/28/02, 3:02 pm

1 Answer from Attorneys

John Bator Bator Redman & Shive

Re: Are Noise, Allergies, and Harrassing Landlords Sufficent Cause to Break Leas

It sounds like you will move no matter what the legal consequences. However, i recommend putting all your complaints in writing and follow-up when the situation are not remedied. You have the right to the quiet enjoyment of the leasehold. Witnesses and photos or videos will help when you are in court and being sued for breaking the lease. You could file suit first and ask the Court to terminate the lease.

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Answered on 10/30/02, 10:04 am


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