Landlord Neglects Property Maintenance

Summary

The tenant is facing issues with a landlord who is neglecting property maintenance in Indiana. The tenant has documented the issues and notified the property manager, but no action has been taken. The tenant is considering breaking the lease without penalty due to the uninhabitable conditions of the property. The tenant has also reported the issues to the local code enforcement and is awaiting an inspection. The tenant was advised on their rights under Indiana law, including the right to withhold rent or repair and deduct, and the right to break the lease if the landlord fails to maintain a habitable property. The tenant was also advised to consult with a local attorney for precise advice.

Full Conversation

Landlord/tenant
What specific issue are you facing with your landlord or tenant, ****?
The owner of the property isn't willing to fix issues in the apa6i just leased
What state are you located in, ****? Different states have different laws regarding landlord responsibilities.
Indiana
In Indiana, landlords are legally required to maintain a habitable property. Have you notified your landlord about the issues in writing?

- Indiana Code *-*-*-*
- Marion County Small Claims Court: (*) *-4MCC
I have sent maintenance requests, but the girl who manages the property stated the owners aren't willing to fix anything right now due to monetary issues
What specific issues are you facing in the property that need fixing?

In Indiana, landlords are required to provide a habitable property. If they fail to do so, tenants may have legal remedies.
Windows don't work properly, there's cracks and bubbled paint I'm assuming from a leak in the roof in the bathroom, the smell of gas in the kitchen, the apartment is really dirty, which I thought they'd have cleaned up before I signed my lease but didn't. That's most of what's wrong on the inside
Have you documented these issues with photos or videos? It's important to have evidence of the condition of the property.
I sure do have pictures and video
That's good. Have you considered sending these evidences to your landlord or property manager? In Indiana, it's important to have written records of such issues.
The property agent is aware of everything
What has been the property agent's response after being made aware of these issues?
Nothing so far
In Indiana, if a landlord fails to make necessary repairs, tenants may have the right to withhold rent or "repair and deduct". Have you considered these options?
I asked if I could do some "repairs" myself, and the agent told me the owners will not reimburse me
What type of lease agreement do you have with the landlord? It's important to know as some agreements may have specific clauses about repairs and maintenance.
Just a normal 1 year lease
What does your lease agreement say about repairs and maintenance?
To put in maintenance requests, and the owner will approve or deny them. The toilet really needed changing out, it was disgusting, but he denied that
What steps have you taken after your maintenance requests were denied? In Indiana, tenants can take certain actions if landlords fail to make necessary repairs.
The ceiling in the bathroom I was told to "monitor" it. I feel that's not my job. So I'm looking to break my lease without penalty, just cut my losses and move on. I still haven't moved in yet
What does your lease agreement say about early termination or breaking the lease?
I would have to pay 2 months rent I believe. It's not worth the amount he's asking for , let alone pay 2 months. Side note: people have called the code enforcement on this apartment building, and the owners have yet to respond to the * open cases against them
Have you considered reporting these issues to the local health department or housing inspector in Indiana? They can inspect the property and if it's deemed uninhabitable, it could help your case.
I only know of the code enforcement
Have you contacted the code enforcement about your situation? They might be able to help you with your case.
Yes. The guy told me they had open cases against the landlord. I meet with him Monday so he can inspect my apartment
What is the name and contact details of your landlord or property management company?
Empire Management. The owners are JDF properties LLC out of port orange Florida
What is the exact address of the property you are leasing? This will help in providing the contact details of the nearest court or legal aid service.
* Lincolnway W. Unit * Mishawaka Indiana
What is the date you signed your lease agreement?

General Information:

- Indiana Code *-*-*-* states that landlords must maintain a habitable property.
- Mishawaka City Court: (*) *-*, * E Third St, Mishawaka, IN *.
July 27th
Explanation:

- In Indiana, you have the right to break your lease if your landlord fails to maintain a habitable property.
- Mishawaka City Court: (*) *-*, * E Third St, Mishawaka, IN *.
Thanks for the info. Additionally, it's wasn't stated nor mentioned about a prorated rent for the last days in July, and all of a sudden they're charging me, can they do that?
What does your lease agreement say about prorated rent? In general, landlords can charge prorated rent if it's mentioned in the lease agreement.
It wasn't stated in the lease
In Indiana, if prorated rent isn't mentioned in the lease, landlords generally can't charge it. However, it's best to consult with a local attorney for precise advice.
Okay thank you
You're welcome, ****. If you have any more questions in the future, feel free to ask. Good luck with your situation.
I will, and thank you
What is the next step you plan to take in this situation?
Calling the Mishawaka city court
That sounds like a good plan. Mishawaka City Court's contact details are: (*) *-*, * E Third St, Mishawaka, IN *.
Got it
Have you consulted with a local attorney about your situation?

General Information:

- Indiana Code *-*-*-* states that landlords must maintain a habitable property.
- Mishawaka City Court: (*) *-*, * E Third St, Mishawaka, IN *.
No I haven't
Would you like assistance in finding a local attorney who specializes in landlord-tenant disputes?
Sure
Explanation:

- Indiana Legal Services, Inc. (ILS) provides free legal assistance to eligible low-income people throughout the state of Indiana. Contact: (*) *-*.
- Mishawaka City Court: (*) *-*, * E Third St, Mishawaka, IN *.
Okay got it
What is the next step you plan to take in this situation?