How can I break my lease legally in Indianapolis, Indiana?

Question

We signed a one year lease with our apartment complex, and are wondering axactly what we can do about some issues we are having:

1. Oven does not work, and, even though the lease says they will fix broken fixtures within reasonable time, they have refused to get it fixed, although we've been bugging them about it every couple weeks for the past 2 months.

2.We have good reason to believe that all 6 apartments in the building share a single water heater, as we never have a lot of hot water, and when we ask management, we always get an "I don't know" or they beat around the question.

3. We found out from a neighbor that there is a good chance that the walls contain lead paint. My fiance is pregnant, and can't help but wonder when/if they were planning on telling my family about it, as it seems MOST other residents recieved a pamphlet with their lease, and if there is lead paint, I fear for my unborn child as the dog at one point clawed a nice chunk out of the wall, and she was the one to clean up the dust and paint chips and plaster.

What exactly can we do? We already think they are overcharging on the rent, and consequently haven't been paying in full, as they refuse to fix anything.(they get it all in the end, but still)

There is a spot in the lease that says, and I quote, " RENT CAN NOT AND WILL BE DISCOUNTED FOR NON-WORKING FIXTURES"

I know this is a type-o, but can they still be held to it? Like, do they technically HAVE to discount the rent or something like that?

Answer 1

Your legal right is to fill out a 10 day notice and deliver it to the landlord. If the landlord does not fix all the items on the list, you pay $35 at Small Claims Court. In 25 days, the landlord can show the court proof that everything is fixed.  If not, your lease is terminated and you are free. You may also be awarded damages for living in a dump.

Answer 2

Based on your issues;

1) Have you informed the management in writing? Verbal complaints have little force.

2) Not much you can do about this. There is a big difference between no hot water and not a lot of hot water.

3) Federal law requires that a renter be informed if there is a chance that lead paint is present. It does not have to be a brochure but most tenants sign  paper stating that they were informed when signing a lease. If you were not advised of this then it would probably be the biggest lever to breaking a lease.

Not paying the rent in full just gets you in trouble and allows eviction, withholding of security deposit, and / or civil suit for non payment.

Answer 3

first off, yo might need to consult with a landlord attorney on this one,

hopefully one will answer this question.

about the oven, document EVERY time that you have contacted them and they have done nothing about it.

as far as the lead based paint goes, like 80+ % of places that were built prior to 1970 have it. i really would not be too concerned about that.

keep in mind that they can bill you for a professional to fix the wall that the dog ruined.

so what you pay like $100 less poer month than yo are supposed to, LOL

I guess you could maybe try  telling them that you want out of the lease due to the oven???