My question involves landlord-tenant law in the State of: Indiana
Hello,
I am considering moving out of my current apartment and need some advice on getting out of my lease. My wife and our three month old son recently moved into this apartment and have had troubles from day 1. The tenant in the apartment below us smokes and it comes through our pipes and appliances. I understand that there is nothing in Indiana law or our apartment's lease about smoking, but I do feel strongly that it creates an unsafe and unhealthy environment for us and particularly for our newborn. We have made repeated requests to have the ventilation or insulation looked at for this problem but they have said there is nothing they can do.
More recently, we have discovered peeling carpet/tiles and a growing mold problem in the bathroom. It is evident the mold problem has been known about, since we found that there is is a Ziploc bag with mold in it in part of the bathroom's ventilation system. They are sending someone next week to look at the issue, but given their actions so far I am not optimistic about anything getting done.
Under these circumstances, particularly considering the health vulnerabilities of newborn children, is there grounds to break the lease penalty free? Any insight would be greatly appreciated.
Thanks,
BH

