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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 115464
Experience:  Attorney with over 24 years experience.
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In Indiana can a landlord put an As Is Clause in a rental

Customer Question

In Indiana can a landlord put an As Is Clause in a rental agreement knowing the sub floors of a second story apartment has animal urine in the subfloors and mold under the sink. I rented the place telling him I had allergies to animals and he said there has been no animals in this apartment, the day I rented it all the windows were wide open and I didn't smell anything, then a few days later it got cold at nite and I turned the heat on and 100's of flies started coming out of places and the urine smell was so bad I broke out in hives and my family came to get me out of the apartment. I told the landlord and he said just move out and I will return all your money plus moving expenses. I moved out and then he says you pay until I retent this place. He totally lied to me, I looked on the internet to see if he had re advertised it and nothing was on there. I took him to small claims and the Judge continued the case until snatch 31st 2017. The landlord denied all the things we had talked about but my father was a witness and heard the Lang lord say it. I sent the landlord two letters as law required telling him what he said and asking for my complete full deposit and lost work days of 28 days and he refused. My father took the letters to his home and put them on the front door with tape and he claims he never got those either. My father went to his home 6 times but he wouldn't answer the phone or door. What can I go to win this case on March 32st?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Indiana
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: He never gave me a copy of the lease and I ask again in small claims and didn't get it. He showed me his copy which says 1 year lease.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think I covered it pretty clear. The landlord lied and I don't believe you can put an ad is clause in a contract in indiana
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
While the landlord can put an as is clause in the lease, legally they are still responsible for renting you a habitable premises. Furthermore, if he lied and misrepresented the leased premises condition to you, this is a further breach of the lease. So he cannot escape a claim of breach just with an as is clause, since the lease does guarantee you a habitable premises and mold and animal urine are unhealthy and not a habitable premises, especially if they misrepresented it to you.
So you can sue for breach of lease, even though an as is clause is legal in the lease, based on his misrepresentation.
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