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I have been living in this apartment since November 2012. It is an efficiency apartment consisting of a bedroom, a kitchen and a bathroom. There is one working outlet in each room - in my bedroom, there are two outlets but only one of them works, in the kitchen I guess there's technically two but one is behind the oven and impossible to get to and the other one has my refrigerator plugged into it.
I also have no smoke detectors in my apartment, there are also electrical issues. For instance, I obviously have to keep my fridge plugged in all the time and I can never unplug my oven/stove, but if I plug my microwave and the air conditioner in at the same time, it blows the fuse box because the upstairs neighbors have so much plugged in that I have to unplug one thing to work another down here or she yells at me. There is also a hole in my ceiling that has been here since before I moved in, she's tried "fixing" it with thumbtacks and pieces of paper.
Well about a week and a half ago, my mom asked me to move back in with her to help with bills and all of that jazz and I agreed. My landlord was notified that I would be out within a couple of weeks.
Now, I only pay $90 a week to live here, for quite awhile we were doing $180 every two weeks (which is what we agreed upon) but then somewhere along the last coupe of months, it got changed to $360 a month. We never discussed how or why, it just got started that way. Every other Friday (when I get paid) my landlord's son would text me and ask me to come get rent and of course, I'd let him.
It then got to the point he wouldn't text me for days or weeks and then he would text me and demand I bring it to him immediately, no matter what I was doing. Well within the last few days, she has became a major headache. We don't have a lease, she never specified how rent was supposed to be delivered to her nor did she ever tell me that I had to bring it them. She also wants the money handed to her or her son directly, not left in a mailbox or anything so she can count it so I have to constantly work around their schedule. I work Monday-Friday 8-4:30, it's been this exact time ever since I moved into this place and hasn't changed even a second. She's constantly changing work schedules and I can never get a hold of her son.
Two days ago she asked for the rent that was due two weeks ago and I had the rent money, all of it except $20 (I honestly have no idea where I lost the $20 at or if I miscounted when I got the money ready) and she asked me if she or her son could come get it. I told them that I was not at home and I wasn't sure when I would be as I was at a fourth of July celebration. That really ticked her off that I couldn't cater to their whim and bring it, which I understand it being late but the fact was I had the money.
Anyway, she texted me and said to just give her the back $360 and then the next two weeks $180 (I was originally planning on being out next weekend) to which I agreed. She then was talking about suing for late charges (which I have NEVER been informed about) and when I asked her about late charges, she said not to worry about it and just pay the $540 and then be out in the two weeks.
I came home Sunday to find a Notice to Quit stuffed in my door. It states the following word for word:
You and all persons who may be residing with you, are hereby notified, to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due on the jproperty with in ten (10) days; [insert address].
Rent being in arrears in the amount of $450.00 does not include a $10.00 late charge per week. Rent will be accumulated until the property is turned over to the property owner.
In the event said premises are not vacated pursuant this notice, formal ejection and eviction proceeding will be commenced against you in a Court of law. This notice is being given pursuant to IC 32-7-1-5 and 32-7-1-7.
She then signed it and had a witness sign it and yes, all spelling mistakes/grammar mistakes/extra spaces are on the document she gave me.
Now, what I took this to mean was that if I pay the $450 by the 16th (I received this on the 6th) that I could stay here until I moved out (the following week and obviously pay her the other $90 for that week) but what she is trying to tell me is that I have to be 100% moved out of the apartment by the 16th. She also told my uncle (not me, my uncle) that she wanted to do an inspection Saturday on the apartment. She said she texted me the phrase "I'm coming over Saturday to do an inspection" but I have never received that text message and from what I understand, she has to either give me an oral time frame or a written notice and I have neither.
She's threatening to bring her lawyer into this if I am not out of the house by the 16th. She also called my mother and told her that she's "had enough of me and is calling the police." She didn't say for what nor did she follow through with that threat. She has also called my uncle and said the same things to him as well (she was a family friend before I moved in here).
She's also not responding to any of my text messages now but she is continuously texting my mother complaining about me and now saying I am $600 behind.
-If I don't let her in tomorrow (Saturday) what can she do besides evict me? I'm going to be out of the house by Tuesday.
-Is it legal for her to be texting my mom threatening jail time for me when I have done absolutely nothing wrong?
-Is there any other advice or actions/steps I should be taking in regards to all of this?
I really want to avoid her as much as possible and after speaking to multiple people, I was told to take pictures of every inch of the apartment when I moved out and leave the keys and everything Tuesday after I move as well as a notarized letter stating that I will pay for any damages she deems I caused excluding the damages that were already there when I moved in (which she knows about).
I just don't want to go to jail for anything and I'm worried although everyone tells me I shouldn't be since she doesn't necessarily have ground to stand on.
Any help and advice is greatly appreciated. I'm only 21 and this is the first place I have lived in so I'm not sure on absolutely everything and I would love anything I could get.
**Edit**
I live in Indiana if this helps at all
Last edited by TiaMarie0521; 07-12-2014 at 01:33 AM..
Reason: Added state location
You'll find your state landlord tenant laws linked in the first "sticky" on this forum and should read them as they pertain to notice to quit. You're a month to month tenant and your LL can give you the required notice to leave which is one month/30 days at any time and without giving any reason. You are also required to give the same notice to your landlord (the "couple of weeks" you gave was insufficient). If you're given a notice to pay or quit (it's usually three days, not 10) and you fail to comply then your landlord will commence eviction proceedings against you.
Your LL seems not to know the proper procedure. I suggest you email her and confirm that you will be out by Tuesday, that all communication about the unit must be addressed to you and you alone in writing and that any further communication between her and any of your family members about the situation is contrary to legal procedure and should cease immediately. Tell her further that she's legally required to give you (and you alone) 24 hours notice of intent to enter the unit.
You are under no obligation to allow her entry on Saturday (today) since she hasn't given you the proper notification and if she shows up without such notice, refuses to leave and causes a commotion then call the police and do NOT engage with her.
You pay $360 a month. Your landlord can't charge you more than that. I also hope that you have been paying your rent with something other than cash so you can provide proof you've been paying if needed. I'm also fairly certain that any late fees for rent has to be written in your lease or agreed upon. Your LL can't just make up random fees and random amounts for the fees. Nor can she just randomly continue adding more money onto your bill because she feels like it.
Don't allow her entry - this woman sounds a little off her rocker, I'd be afraid she might corner you in your apartment and attempt to bully you into doing what she wants. If she tries to force herself in, call the police on her. She has to give you a 24 hour notice using the proper methods and she hasn't.
If I were you, I would pay the rent up to 30 days after the notice you gave. So if you gave notice June 20, then pay the rent through July 20. And only pay the $360, don't give her any more than that. She may try to take you to court so DOCUMENT EVERYTHING!! Document any texts she sends you, calls, voicemails, notices, anything and everything. Also keep records of what you have and haven't paid as well as proof (receipts).
Do you have a written lease? I see you said you rent month to month but is there anything in writing stating your rental amount or anything?
You'll find your state landlord tenant laws linked in the first "sticky" on this forum and should read them as they pertain to notice to quit. You're a month to month tenant and your LL can give you the required notice to leave which is one month/30 days at any time and without giving any reason. You are also required to give the same notice to your landlord (the "couple of weeks" you gave was insufficient). If you're given a notice to pay or quit (it's usually three days, not 10) and you fail to comply then your landlord will commence eviction proceedings against you.
Your LL seems not to know the proper procedure. I suggest you email her and confirm that you will be out by Tuesday, that all communication about the unit must be addressed to you and you alone in writing and that any further communication between her and any of your family members about the situation is contrary to legal procedure and should cease immediately. Tell her further that she's legally required to give you (and you alone) 24 hours notice of intent to enter the unit.
You are under no obligation to allow her entry on Saturday (today) since she hasn't given you the proper notification and if she shows up without such notice, refuses to leave and causes a commotion then call the police and do NOT engage with her.
That's a start, anyway.
The only reason I did not give her a 30 day notice of me moving is because I wasn't planning on moving out as soon as I am now. I was still looking at apartments and the last few weeks she has done nothing but blow my phone up asking when I'm moving out, how soon can I be gone, etc etc. I never gave her an official notice as I wasn't even sure of the exact date for awhile then I received the Notice to Quit last Sunday.
The Notice to Quit does say 10 days and I was planning on paying her but her exact words were "No, you HAVE to be out on the 16th."
She doesn't know the proper procedure because no one has ever gone against her with anything. She never responds to me about any issues I've had in the apartment but if the upstairs neighbors complain that I had my AC and Microwave plugged in at the same time, I'm getting yelled at for not listening to her tell me that in order to work one, I have to have the other unplugged.
She has never given me an email, all communication she allows is either in person or over the phone/texting and since getting her in person when I'm available in near impossible, I'm left to texting her which she never responds to.
I've read a lot on Indiana laws regarding this and have spoken to my cousin who works in law. I've been doing my research but I'm just still nervous about quite a few things.
You pay $360 a month. Your landlord can't charge you more than that. I also hope that you have been paying your rent with something other than cash so you can provide proof you've been paying if needed. I'm also fairly certain that any late fees for rent has to be written in your lease or agreed upon. Your LL can't just make up random fees and random amounts for the fees. Nor can she just randomly continue adding more money onto your bill because she feels like it.
Don't allow her entry - this woman sounds a little off her rocker, I'd be afraid she might corner you in your apartment and attempt to bully you into doing what she wants. If she tries to force herself in, call the police on her. She has to give you a 24 hour notice using the proper methods and she hasn't.
If I were you, I would pay the rent up to 30 days after the notice you gave. So if you gave notice June 20, then pay the rent through July 20. And only pay the $360, don't give her any more than that. She may try to take you to court so DOCUMENT EVERYTHING!! Document any texts she sends you, calls, voicemails, notices, anything and everything. Also keep records of what you have and haven't paid as well as proof (receipts).
Do you have a written lease? I see you said you rent month to month but is there anything in writing stating your rental amount or anything?
Every month when I pay rent, she gives me a receipt. She has already left a receipt for the $450 on my door, it was left with the Notice to Quit. We've never agreed upon late fees and she also informed me, quite vaguely that if I'm planning on staying here, she's raising the rent sometime in August. I was never informed of any of this.
I've spoken to some of her previous tenants and they have told me she will try everything she can to get as much money from me as she can. I have been documenting everything, my family has been documenting the times she has called her and what she has said.
We do not have a written lease. When I moved in here, she just agreed on $90 a week and stay for as long as I like. She told me multiple times she was going to write up a lease and we would talk about it but she has never came through with it. I was supposed to have a lease two weeks after I moved in and she never brought that. The only agreement we've had was the $90 a week, she's never informed me of any other agreements or procedures regarding the apartment.
The Notice to Quit does say 10 days and I was planning on paying her but her exact words were "No, you HAVE to be out on the 16th."
Get out by the 16th. Then pay whatever you think you owe, either by personal check or money order, NOT CASH, bring along a witness in case she refuses to accept your payment.
Then get back to C-D and we can work out what to do next, if there is anything to do.
At least that's what I would do.
Oh, one final word, take a camera and as soon as you have removed your belongings, shoot, shoot, shoot, then shoot some more. Cellphone if you don't have a camera.
I like lovehound's advice. Do not forget to take pictures, especially the hole in the ceiling. Also, as another poster advised, do not allow her in unless you have another person with you. It does sound as though she is at least slightly unbalanced. If you don't have a place to move into, put your stuff in storage and stay with a friend, relative, or an extended stay motel while you look.
Keep cellphone handy. Maybe put 911 on speed call.
If you get bored, go to the library and check out and read "The Gift of Fear" by Gavin de Becker -- non-fiction -- and learn that the little tingle you feel is telling you to get away from toxic people.
AFAIK, unless you've signed an agreement accepting the fees she intends to charge you for various perceived infringements or unless the law otherwise allows, the fees she's throwing at you are bogus. Just pay what you owe - document it, have it witnessed, so you can be prepared to defend yourself in small claims court if she comes after you for the bogus fees which she'll need to PROVE you owe (and will lose if she can't prove).
And don't blow the case by telling the landlord they need to document everything. Hope that such a jerk is an idiot too. Stealth is the word. Document your side, take a witness to the final pay-off, and did I say take mass quantities of pictures? Yes I did!
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