Letter from Tenant to Landlord about Landlord using Unlawful Self-Help to Gain Possession - Indiana 2025

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Examples of constructive eviction typically include scenarios where a landlords actions or inactions make the property unlivable. These can involve persistent pest infestations, significant water leaks causing mold, or failure to repair structural damages that pose safety risks.
Self-help evictions are illegal in most jurisdictions because they bypass the judicial process, which is put in place to protect the rights of both landlords and tenants.
Constructive evictions occur when a landlord does not physically or legally evict a tenant but takes actions that interfere with the tenants use and enjoyment of the premises significantly enough to constitute eviction in fact. The doctrine of constructive eviction is based on a breach of the implied covenant of
Dear (NAME OF LANDLORD) , I (NAME OF TENANT) have been a tenant at (TENANT ADDRESS) since (DATE TENANCY BEGAN). I am writing because I have been subject to harassment, intimidation, and threats by you and your agents. I demand that you cease this unlawful conduct immediately.
For example, California presumes that adverse action by a landlord is retaliatory if it occurs within 180 days after the tenant complains to a government authority, requests an inspection, or sues the landlord.

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If you do have to leave, the Court may issue an immediate Writ of Possession. This is a Court order requiring you to move out. The Sheriff will serve a copy of the Writ of Possession at your residence. Forty-eight (48) hours or two (2) days later, the Sheriff may physically remove you.
In a case of partial eviction, damages typically take the form of reducing or eliminating rent charges for the time the property was partially uninhabitable. Constructive eviction may allow you to terminate your lease early and seek damages from the landlord.

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