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  1. #1

    Default When Can You Break a Lease Due to an Unhealthy Environment

    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

  2. #2
    Join Date
    Dec 2012
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    1,026

    Default Re: Indiana Lease, Unhealthy Environment

    Is the apartment complex a smoke free complex?

    You can, of course, request that the peeling carpet and tiles be repaired by the landlord/management.

    Most mold in the bathoom is mildew, caused by the moist environment. If on tiles, it can easily be dealt with by one of the many tile cleaning products available in the grocery store or even a mixture of bleach and water or hydrogen peroxide and water. Management can make certain that any bathroom fan is working well but even then, it is not unusual that the tile or tub surround may develop some mildew. Keeping the area dry after showering or bathing will reduce the regrowth of mold.

    If on other places, (for example, on drywall in a bedroom, for example), then management would need to make certain there is not a leak from a pipe behind the wall and address this repair.

    It is not a reason to break a lease, even with a newborn infant in the rental unit.

    Gail

  3. #3

    Default Re: Indiana Lease, Unhealthy Environment

    Hi Gail,

    Thanks for the quick response! No, it is not a smoke-free complex. I was hoping that the expectation of "healthy" living environment would cover freedom from the worst of second-hand smoke though. I'm not exaggerating when I say there might as well be a chimney in our kitchen judging by what comes up from below through the pipes.

    As far as the mold, we're not sure yet what we're dealing with there, maintenance is coming Monday to look. I can say that there is some collecting on the ceiling and corners as well as in the tile/fiberglass surfaces. Most alarming though, was the mold-filled Ziploc bag just sitting in the overhead fan. We don't use that fan anyway, but it looks very unclean.

    Does anybody know of any other recourse we might have?

    Thanks,
    BH

  4. #4
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Indiana Lease, Unhealthy Environment

    I think if the bag was taken out of the fan and it was used each time the shower/bath was used this would help keep the mold problem down to a minimum in the bathroom.

    Is your main concern the smell of smoke from the downstairs apartment coming into the kitchen?

    Gail

  5. #5

    Default Re: Indiana Lease, Unhealthy Environment

    Hi Gail,

    Yes, I would say that is the main concern. However, it is everything together that is causing us to want to move.

    Thanks,
    BH

  6. #6
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Indiana Lease, Unhealthy Environment

    When the maintenance men are there to look at the bathroom fan, ask them for suggestions regarding the smoke odor in the kitchen. Smoke does not come through appliances (appliances are plugged into wall sockets if electric or tied into gas lines in the case of a gas stove) or plumbing pipes. The main source may be heating vents.

    Gail

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