Legal Question in Real Estate Law in Indiana
appeal or countersue???
we moved out of an apartment before the end of our lease b/c it was uninhabitale. 3 mos after we moved out the landlord filed in small claims court for breaching our lease. today the judge found against us but wouldnt let us show any evidence that we had including a tape of the condition of the apartment and numerous letters i had written to the landlord. can we appeal this decision or counter sue the landlord for not upholding their end of the contract???
1 Answer from Attorneys
Re: appeal or countersue???
Your remedy after a judgment is entered is to appeal. Depending upon the county you were sued in, you might merely get a new trial in a different court, and then you would have the right to bring a countersuit. Otherwise, you must appeal and have the decision reversed and sent back for a new trial in order to bring a countersuit. You do have the right to raise the defense of constructive eviction, to avoid liability after you moved out. However, for any time you resided in the premises that was basically uninhabitable, you will always be liable for rent until you move out. You cannot use the time you resided there under less than perfect conditions as an excuse for withholding rent in Indiana.
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