What will happen if I currently rent one side of a duplex and a few days ago I got served papers addressed to the landlord about some serious code violations?

I currently rent one side of a duplex. A few days ago I got served papers addressed to my property owners about some serious code enforcement violations including the foundation of the home, standing water, a leaky roof, etc . The property was on the market for the past few months but was taken off a week or 2 prior to the papers showing up. I’ve taken all necessary steps as far as notification but I’m worried about the house being condemned, as the owners have repeatedly shown no interest in repairing even the smallest of damages. I’ll be attending the hearing come the end of the month. If the owner decides not to fix the property, what will happen, and what can I do in the aftermath?

Asked on September 6, 2012 under Real Estate Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the owner does not fix the property as stated in the code violation matter that you have written where there is a hearing coming up about the matter, most likely the unit will be red tagged. If it is red tagged, you will be unable to reside in it. If you are unable to reside in it, the landlord has materially breached your lease. If that happens you are not obligated to pay on the lease's balance and will be required to look for a new place to live.

If the new place to live costs more monthly than what you are paying, then the landlord will be required to pay you under the law the monthly difference for the balance of time under your lease.

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