The Case Breezewood v. Maltbie

Instructions

Complete the following:

1. How did the Breezewood case change the law in Indiana? (Hint: What warranty did the court apply to the lease situation?)

2. Now locate and review the Indiana statutes dealing with landlord tenant relations found in Title 32 and answer the following:

• What statutory duties, if any, did the landlord in Breezewood violate?
• What remedies, if any, did the court award to the tenant(s)?
• What statutory duties, if any, did the tenant(s) in Breezewood violate?
• What remedies, if any, did the court award to the landlord?
• If the landlord in Breezewood had failed to provide air conditioning and Bloomington had an unusually hot summer, would this have been a statutory violation based on current Indiana law? Explain your reasoning.
• Does a landlord have any duty to safeguard a tenant's property if the tenant abandons it (i.e. vacates without taking personal possessions)? Cite the applicable statute.
• When must a landlord return a tenant's security deposit and, if the landlord retains part thereof, with what must the landlord provide the tenant? Cite the applicable statute.
• May a security deposit be used to cover damages that result from ordinary wear and tear? Cite the applicable statute.