Legal question for residential property attorneys.
location: indiana
I live in a complex with roughly 2,000 units. 1,800 of these units are currently undergoing balcony renovations, and we were asked to remove our possessions from them starting July 27th.
The balconies are part of our leased property under the definition provided in IC 32-31-3-8, as they are accessible exclusively from the interior of the apartment, and part of our lease states that we can place satellite dishes "outside of your dwelling such as a balcony, patio, etc. of which you have exclusive use under your lease."
With these renovations and the asked removal of our possessions, we have not been able to enjoy the balcony whatsoever. We cannot simply put our possessions back until construction actually begins in our area due to a lease addendum stating that we "will cooperate with repairs or renovations... and any violations may subject you to eviction."
The complex does not know how long in total these renovations will take, but during a recorded conversation today, the rep I was directed to suggested it would likely be months.
There was no rent abatement for the month of August in spite of them limiting our usage of leased space guaranteed under our lease, and we do not have any idea when our balcony will actually be torn down and completely shut away, but we do know that they will do it. Other buildings have plywood blockages to prevent opening of the balcony doors, thus creating a barricade to shut us away from the space.
The rep I talked to today said that she has no idea if the decision to replace the balconies was due to suspicion of structural integrity issues, or was purely cosmetic. It is important to note that these balconies have remained the same for over half a century, still fully original, and all still fully functional, which she bragged about on record.
I'm trying to get out of this lease. The new managers are a nightmare, and I'm wondering if these renovations, and the restricted access/usage of my leased space for months qualifies as a breakage of the covenant of quiet enjoyment, or perhaps is grounds to seek a partial constructive eviction. I plan to speak to a local attorney, but I'm wondering if anyone has some insight into what I would need before talking to them, or if I even have a case at all. Pasted below is the entirety of the construction addendum.
"You will cooperate with our efforts to make repairs or renovations in your Apartment and the Community. You will perform, at our request, any tasks necessary to allow us to complete these repairs or renovations (for example, moving vehicles or furniture, emptying appliances, cabinets, or closets, etc.). You may not refuse repairs, upgrades, or renovations to your Apartment. You will be responsible for any costs incurred by us for your violation of this provision, as Additional Rent, and any violations may subject you to eviction."
Do I have valid grounds to attempt to nullify the lease under implied or written protections of tenants from landlords? I have complied thus far, removing my possessions and thus have not stepped foot on the balcony since July 27th. I simply do not know if their construction addendum is enough to justify limiting and subsequently fully removing access to property that is legally mine for as long as the lease is active.
Also important, these renovations were announced 2 months after renewing our lease for a year.
Posted Aug 13, 2026, 8:26 PM UTC