Wrongful Eviction Defense Outweighs Exclusive Remedy Provision

INDIANAPOLIS - An Indiana appellate court has held that a tenant forced to vacate a mold-contaminated office is not prevented from claiming actual or constructive eviction by the lease's exclusive remedy provision. Village Commons LLC, et al. v. The Marion County Prosecutor's Office, et al., No. 49A05-0704-CV-195 (Ind. Ct. App.).

The Court of Appeals of Indiana said in a March 4 opinion that a trial court was also correct in ruling that a lease's one-year time limit for suit did not prevent the former tenant from asserting wrongful eviction as a defense to a suit brought by the landlord.

Village …