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Old 06-05-2008, 08:51 PM
 
Location: FULCI LIVES!!!(but not in Indiana)
413 posts, read 1,305,853 times
Reputation: 183

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I have a question I was wondering if anyone here could answer. I signed a lease on April 1st at my currant apartment complex and since day 2 it has been a nightmare. Noise, noise and did I mention noise? It's a "based on income" place so the tenants are less than civilized lets just say, I don't wanna offend anyone. Kids running amok, bassy car stereos at all hours of the night, noisy mufflers, homies out drinking 40's on the patio, you know all that jazz etc etc. My mistake was checking this place out on the weekend, a Saturday, when most of them were gone. Now we are using earplugs to sleep and we have resorted down to their level by playing our music loud just to drown out their's.
I have made 4 noise complaints to the office and they keep giving me the same story telling me they will do something about it, but they never do, no surprise there. Called the sheriff twice, but these thugs must be pros because they can see the cop car pull into the complex and then they turn their stereos off and run inside, then when the cop leaves they start it all back up again. I feel like I'm living with animals. I don't think I am better than anyone and I know I sound like a prude, but this is just sad to have to leave your own home due to the loud heathens living around you.
There has to be somewhere in the fine print where I can get out of this lease. I got 10 months of hell left, but if I can find a way out I'm taking it ASAP!!!!
Can anyone here point me in the right direction? I have lived in numerous apartment complex's, heck, I even lived in Hollywood CA for a few months and NEVER have I had to live in such noisy and inconsiderate quarters.
Many states have laws that protect renters against this kind of stuff, I'm sure Indiana probably doesn't, but I'd still like to look into it. Any help is appreciated. Thanks for listening to the rant.
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Old 06-06-2008, 06:33 AM
 
Location: Turn Left at Greenland
17,605 posts, read 25,281,892 times
Reputation: 7507
Hey Jake, are you sure you want this in the NW Indiana section? Let me know if you want me to move it.

Sorry you are going through this. You may want to go through your lease with a fine tooth comb, but usually, tenant leases favor the owner/company. You could forgo calling the office and go straight to the cops .. take video, audio, photos. Go to the media ...
__________________
If there won't be dancing at the revolution, I'm not coming.
Emma Goldman
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Old 06-09-2008, 05:34 AM
 
Location: FULCI LIVES!!!(but not in Indiana)
413 posts, read 1,305,853 times
Reputation: 183
Quote:
Originally Posted by domergurl View Post
Hey Jake, are you sure you want this in the NW Indiana section? Let me know if you want me to move it.

Sorry you are going through this. You may want to go through your lease with a fine tooth comb, but usually, tenant leases favor the owner/company. You could forgo calling the office and go straight to the cops .. take video, audio, photos. Go to the media ...
Maybe I should have posted it in the regular Indiana section.

I called the cops Thursday night because there were like 25 bros out boomin their stereos and throwing the football around, you could literally smell the pot smoke. Cops came, they scattered and came back, BUT, now they have some foot patrol cops walking through and this really has helped alot. Much quieter this weekend. Hope it stays this way. Thanks for your input Domergurl!
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Old 06-09-2008, 07:01 AM
 
Location: Turn Left at Greenland
17,605 posts, read 25,281,892 times
Reputation: 7507
No problem Jake ... do the cops have to report to the office that they were called? If so, be sure they don't let them know who called them. I don't think they would.

Keep calling the cops Jake. That's your best defense. Glad it worked.
__________________
If there won't be dancing at the revolution, I'm not coming.
Emma Goldman
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Old 06-09-2008, 10:02 PM
 
Location: Indianapolis
260 posts, read 843,783 times
Reputation: 65
Indiana Code TITLE 32, Article 31 Table of Contents

Check out this link for Indiana Law regarding Tenant / Landlord laws. State law will over ride your lease, no matter what your lease says.

I don't know of any way you could get out of your lease based on noise...I can tell you if you want to break your lease, you can....you will just forfiet your security deposit and could be held liable for monthly rent until it is leased out again. By law, the landlord can not continue to come after you for rent if they have leased it out to someone else.

That is a big risk though, and one I'm not to sure you would want to take. Your best bet is to talk to the office and see if you can strike a deal to get out out of your lease. It is probably still going to mean you surrender you security deposit, and maybe even 1 months rent at best, but if you can strike deal, get it in writing and file it with County Clerks office, they will have to honor it and can not come after you for anything more.
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Old 06-09-2008, 10:08 PM
 
Location: Indianapolis
260 posts, read 843,783 times
Reputation: 65
Here is another thought...is there anything in your lease about a noise ordinance? Is there anything that these annoying neighbors are doing that are a direct violation of the Lease Agreement or Rules of the apartment? If so, the following may help you with your situation....

IC 32-31-8-6

Tenant's cause of action to enforce landlord obligations
Sec. 6. (a) A tenant may bring an action in a court with jurisdiction to enforce an obligation of a landlord under this chapter.
(b) A tenant may not bring an action under this chapter unless the following conditions are met:
(1) The tenant gives the landlord notice of the landlord's noncompliance with a provision of this chapter.
(2) The landlord has been given a reasonable amount of time to make repairs or provide a remedy of the condition described in the tenant's notice. The tenant may not prevent the landlord from having access to the rental premises to make repairs or provide a remedy to the condition described in the tenant's notice.
(3) The landlord fails or refuses to repair or remedy the condition described in the tenant's notice.
(c) This section may not be construed to limit a tenant's rights under IC 32-31-3, IC 32-31-5, or IC 32-31-6.
(d) If the tenant is the prevailing party in an action under this section, the tenant may obtain any of the following, if appropriate under the circumstances:
(1) Recovery of the following:
(A) Actual damages and consequential damages.
(B) Attorney's fees and court costs.
(2) Injunctive relief.
(3) Any other remedy appropriate under the circumstances.
(e) A landlord's liability for damages under subsection (d) begins when:
(1) the landlord has notice or actual knowledge of noncompliance; and
(2) the landlord has:
(A) refused to remedy the noncompliance; or
(B) failed to remedy the noncompliance within a reasonable amount of time following the notice or actual knowledge;
whichever occurs first.
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Old 06-09-2008, 10:27 PM
 
Location: Indianapolis
260 posts, read 843,783 times
Reputation: 65
OK...one last boring legal post and I'll stop! I check my Lease Agreements that I used, which were drafted by a lawyer according to Indiana Sate Law, and I have the following clauses in mine:


  • USE OF PREMISES: The Tenant shall not make nor permit any use of the premises, which directly or indirectly is forbidden by public law, government regulation, or other restrictions, nor which is dangerous to life, limb, or property, nor which will or tends to injure the reputation of the premises or the building, nor which will be obnoxious to any other tenant of the building or residents of the neighborhood.

  • HOUSE RULES: Tenant agrees to abide by any and all reasonable house rules concerning such matters as noise, odors, the disposal of refuge, pets, parking, and use of the common area. Any house rules, which are in effect at the time of the execution of this Lease, will be attached as an addendum to this document. Any house rules adopted after the execution of this Lease shall be promptly provided to Tenant in writing in accordance with the Notice provisions of this Lease.
Check and see if your lease has smoething similar, if it does, you may be in luck. Of course your first course of action is going to be to notify the office of the problem and how it is affecting you. Of course, they probably are not going to be able to fix it, but you have to play the game. Make sure you notify them by certified mail. you will need this proof later if you have to go to court to force them to let you ot of your lease for non compliance.
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Old 06-16-2008, 11:19 AM
 
1,097 posts, read 2,498,805 times
Reputation: 607
From the comments about "homies," "bros," and "animals" in the original post, it sounds like the neigbor's race has an awful lot to do with the sudden desire to get out of the lease.
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Old 06-17-2008, 07:14 AM
 
Location: FULCI LIVES!!!(but not in Indiana)
413 posts, read 1,305,853 times
Reputation: 183
Quote:
Originally Posted by Naptowner View Post
From the comments about "homies," "bros," and "animals" in the original post, it sounds like the neigbor's race has an awful lot to do with the sudden desire to get out of the lease.
I have friends of many races and they too agree that my complex is a dump. There are also plenty of white trash there making the place a horrible place to live. I don't consider myself racist, I just don't see why people would want to act like this and especially in front of all the kids running around here. They are basically teaching their kids that this kind of behavior is ok, then it becomes a vicious cycle and things never change. Just makes me kinda sick to see this I guess, on top of it being noisy.
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Old 06-15-2011, 07:45 PM
 
1 posts, read 8,087 times
Reputation: 10
How do i get out of my lease when i dont feel safe . My apt has been broken into and theres more things going wrong in the apartment than i can fix alone and people around me listening to really loud music all the time and it shakes my walls, how can i get out of my lease without having to pay for it
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