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Building code violation enough to break a lease?

I'm in the process of moving and I know that will be breaking my lease. I live in unfit and unhealthy living conditions. I have been told to document pictures and dates because I will most likely be taken to court. I have 3 bedroom windows but one is completely boarded up, when you open the window its just plywood. I talked to the building commissioner in my town and he said all windows in a bedroom had to be in working condition and couldn't be blocked in anyway. It's a building code violation and fire violation. If I am taken to court is this enough cause and evidence to break the lease and my landlord not to be able to come after me financially? I live in the state of Indiana so I didn't know if codes would be different.

Update:

This is just one main issue with my apartment, There are many others that concern me that have slowly started coming about while I have been in my apartment. But this is one of my main concerns and just trying to figure out codes and laws. I want to move so I can be in a healthier living environment.

9 Answers

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  • 7 years ago
    Favorite Answer

    It is only enough if the place is condemned. A violation means a fine, not that is it unlivable.

    Besides, only 1 window in the room has to open. A boarded up one is simply not counted as window at that point. People board up windows all of the time, it is NOT illegal.

    In court the judge will not decide if a place is habitual or not. They go by the paperwork. If this building commissioner you talked to really thought the place was "unfit" he would have red tagged the place and you would be out already.

    Your pictures will not help all that much. What you need to prove is first that the landlord had a legal obligation to make the repairs you are concerned about. Secondly that you informed the landlord, in writing, and gave a reasonable time frame for repairs to be made. Most states do not specify what is "reasonable" but 30 days is the norm.

  • 7 years ago

    No, because if you go to court, you will surely be asked how you were able to document all of this. You would have only been able to do so while living there, obviously. So the next question, naturally, is why, if these things were an issue, did you not bring them to the attention of Code Enforcement and the landlord, so that the violations could be remedied. A reasonable person could conclude that you didn't because you were only trying to build a case for breaking your lease after the fact. It won't fly.

    By acting on these things NOW instead of later, you may:

    1. Have your lease terminated for you if Code Enforcement or other authorities deem the place to be unlivable, or

    2. Get the place fixed up so that it is livable until your lease expires.

  • 7 years ago

    Document everything you can but read your lease first. Then read the landlord tenant act for your state of IN.

    You may have to document the unsafe conditions through the code enforcement department of the city where you live.

    However, breaking a lease can bring about future difficulties in finding another rental or your credit report may reflect this as well. You may also get some bill collectors hounding you so be prepared to suffer the consequences of whatever action you decide to take.

    Source(s): former real estate agent
  • 7 years ago

    If the window is a code violation and is a breach of the lease then there are certain procedures you must follow. In most states if there is breach of the lease, other than non payment of rent, the offending party must be notified and given a reasonable time to cure (fix) the breach. In other words you must have notified your landlord in writing and then if he doesn't take care of the problem, you have to go to court. By just vacating you may be liable for rent for the term of your lease. Google landlord tenant laws in your state and learn your rights.

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  • Ryan M
    Lv 7
    7 years ago

    Then you will be asked this question in court: how long did you decide to live there with the boarded window and choose NOT to move? Your move must be DUE to the condition. You can't think you get to move out for one reason and then use a different reason as to why your lease in not valid.

  • 7 years ago

    No, that will not work. A window CAN be boarded up in a bedroom, as long as it is not the only window in the bedroom. Codes require a window for emergency egress, and one window is sufficient for that purpose. Perhaps you misunderstood the building commissioner. That being said, you are required to send a written complaint to your landlord about the situation. All he needs to do is remove the plywood. Simple as that.

  • JJ
    Lv 5
    7 years ago

    Read your lease, sometimes leases have clauses saying that maintainence issues aren't enough to break the lease, but willful violation of the law could be justification to breaking it perhaps. I would look up the laws, or maybe speak to some kind of free legal council if you have that available to review your lease.

  • ?
    Lv 6
    7 years ago

    Only if you fail to give "a notice of intent to vacate" with the terms as prescribed in the law of your state found at the dept. of consumer affairs - you might be eligible for moving cost to be paid for by your landlord. See how to on the site I mentioned above.

  • Nomadd
    Lv 7
    7 years ago

    Ask the landlord if he really wants you to complain to whoever's in charge of enforcing building codes.

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