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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My question is with regard to a dispute with a landlord.

Customer Question

My question is with regard to a dispute with a landlord. Should I continue?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Indiana
JA: Has anything been filed or reported?
Customer: Reported to landlord and filed with BBB
JA: Anything else you want the lawyer to know before I connect you?
Customer: Landlord intends to take me to court for breach of contract
Submitted: 5 months ago.
Category: Legal
Expert:  Irwin Law replied 5 months ago.

Please please provide me with a few details about the dispute with your landlord. Why are you afraid of him taking you to court? What County in Indiana are you in?

Customer: replied 5 months ago.
I'm in Marion Co. I'm not afraid of going to court. I'd like to know if I could sue for the mental anguish this has caused.
I have been without hot water since 11/18. The hot water heater has been faulty since 10/18/16. I have only had hot water 12 out the last 30 days and I'm still waiting for hot water right now. The management company keeps saying they are powerless over the warranty company over when they can come look at the water heater. The warranty company can't figure out what is wrong with it so they talk to the store. In the meantime we are sitting with no hot water. I decided I'm done with all this and purchased my own condo. There have been many other issues other than this I've been dealing with. Leaking roof, electrical issues. The management company says since they have no control the technicians schedules, we have no right to break our lease. Please advise what right I have.
Expert:  Irwin Law replied 5 months ago.

Not all issues are grounds to break a lease, but what you describe with the hot water would certainly fall into that category. It sounds like it may have been a new hot water heater installed, which didn't work. The fact that the warranty company couldn't figure out what was wrong with it did not excuse the landlord from providing you with a working hot water heater that you needed. He should've simply replaced the water heater and not waited for the warranty company to act. You had an absolute right to break your lease and move.

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Customer: replied 5 months ago.
Thank you for your opinion. I hope it is upheld in a court of law.
Expert:  Irwin Law replied 5 months ago.

Let's hope so. Many of our township judges are sympathetic to tenant complaints. Especially when they are not being used as excuses for nonpayment of rent.