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Question

My apartment complex has exposed live electrical wires, missing exit signs, missing hammers for fire extinguisher glass, and broken stairs. Do I have ground for immediate termination of lease, or do I have to submit repair requests and wait for a reasonable amount of time, then submit a termination notice that if repairs are not completed within 30 days the lease will be terminated, as explained in the lease. I live in Indianapolis, Indiana, in Marion county.

Submitted: 315 days and 19 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

indianapolis, Indiana

Already Tried:
I have called the office and obtained a copy of my lease. I have also taken pictures of all damages to the building, and a few others belonging to the property. The damages include broken stairs, over 10 instances of live electrical wires hanging from the ceiling, over 10 instances of fire extinguishers with missing/broken glass or having no hammers, the hallway heaters and air conditioners do not work, and many lights are out in the stairwells or missing covers exposing bulbs and wires.

The lease is written as follows for default by landlord\

A. Landlord's obligations. Landlord shall ac reasonably to:
(i) keep common ares of the community reasonably clean;
(ii) reasonably maintain fixtures, hot water, heating and air conditioning (if provided) equipment within the Apartment Home and the Community.
(iii) remain in substation compliance and applicable laws regarding the condition of the apartment home; and
(iv) make reasonable repairs to the apartment home and Common Areas (subject to resident's obligation to pay for losses caused by Resident Parties and as otherwise required by the lease).
B. Resident's Remedies Resident may terminate this lease for violation of landlord's obligations under this lease under the following conditions:
(i) resident makes written request for repair or remedy of the condition or obligation and all rent and other amounts under this lease are current;
(ii)landlord does not repair or remedy the condition or obligation within a reasonable time after such written request, considering the nature of the problem and the reasonable availability of materials, labor, and utilities;
(iii) after a reasonable time has lapsed and landlord has not made a diligent effort to repair or remedy the condition or obligation, resident has given landlord written notice of intent to terminate this lease unjless repair is made within 30 days; and
(iv) the repair has not been made within such 30 day period.

Accepted Answer

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The terms of the lease agreement must be followed in this case. If you do not, the landlord could bring a suit against you for the full amount of the rent. Thanks!

 

Please press the GREEN "ACCEPT" button so proper credit is provided for your Answer. No attorney-client relationship is contemplated or was produced by this communication, which is acknowledged by all parties to be for educational purposes only.

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Expert: legallysound
Pos. Feedback: 98.9 %
Accepts: 
Answered: 1/11/2009

Attorney

Wills, Trusts, Corporate, Business, Contracts, Real Estate, Pre-nuptial agreements, Landlord-tenant

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