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I began leasing a house on September 1st, 2017. While

Customer Question
I began leasing a...

I began leasing a house on September 1st, 2017. While looking over the house, I noticed that the back door was in very bad condition and asked the property manager if he could repair it and he agreed. He never made any repairs and the door was unable to lock, latch or even close properly without something leaned up against it from the inside. I told him about this several times and he still hasn't fixed it. It's been four months and I've been robbed of around $1,200 dollars worth of belongings because my back door cannot lock or close. Can I legally terminate the lease?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Fort Wayne, Indiana 46808

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The lease is for 1 year. I've been there 4 months and have been asking to get my back door fixed but it still hasn't been fixed since I moved in. So both maintenance and upkeep.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have all the conversations with the property manager documented as well as pictures of the back door that can't even close or lock.

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
12/29/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 14,152
Experience: Licensed to practice before state and federal court
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Customer reply replied 7 months ago
I began leasing a house on September 1st, 2017. While looking over the house, I noticed that the back door was in very bad condition and asked the property manager if he could repair it and he agreed. He never made any repairs and the door was unable to lock, latch or even close properly withoutsomething leaned up against it from the inside. I told him about this several times and he still hasn't fixed it. It's been four months and I've been robbed of around $1,200 dollars worth of belongings because my back door cannot lock or close. Can I legally terminate the lease?
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about your situation. This appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. A broken back door is likely going to be a health hazard in part because it is a security issue. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase.

Did you have any other questions for me today?

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