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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Default Is a 12-Month Lease Void with a Rent Increase?

    My question involves landlord-tenant law in the State of: Indiana.

    My husband and I (and everyone else in our complex) were recently notified that our complex intends to increase our rent by $10 each month, despite the fact that we are in the middle (this is our 4th month) of a 12-month lease which does not provide the landlord permission to increase or change the rent amount.

    I realize that this isn't a significant amount of money, but it is still a violation of the lease agreement that we signed, and the notice of the change in rent was accompanied with an explanation that rent payments that did not include this increase would not be accepted. So, we are considering moving out, but obviously we are far from the end of our lease term.

    Is it possible for us to move out without having to adhere to the buyout option as stated in the lease, because they are violating the lease agreement? I just want to make sure that I know our rights before I discuss this with them, because I don't exactly expect them to be reasonable, considering the way they are handling the rent increase.

    Any guidance or input would be appreciated. Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: 12-Month Lease Void with a Rent Increase?

    You must make the attempt to pay the contracted price or you are in violation of the lease and subject to eviction. If they refuse to accept it, keep the checks you have written them and act as if the check has been cleared (don;t let your account balance fall below it would be if the check did clear).

    If they try to evict you, you have a defense to them evicting you illegally.

    They nor you have broken the lease as of yet and as such, you are not entitled to void the lease based upon their actions.

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