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I live in Indiana. I was living in a house with a landlord who basically did nothing about repairs or anything and I was asking for advice about seeking action, if I should continue paying rent. As far as that situation goes, we did stop paying rent, still never heard anything so I ended up just moving into an apt because the house was becoming inhabitable. Now I'm having issues in my apartment and have been for a while. I moved in here last June. Since I've moved in, I've dealt with roaches non-stop, heat not working for months, and mice on top of that. The roaches have stopped but the mice is what's pissing me off. We started seeing mice around September. We found out because I have two cats and the male started catching one every single night for like 2 weeks straight. I told the apartments, they did nothing. Excuses about the property manager being out of town, etc. Nothing was ever done.
Eventually I bought some peppermint oil and mixed it with some water and sprayed it all over. Now that seemed to have kept them away but I had to pay the price because I have asthma and that smell is so strong that it bothers my breathing. Also mice in general carry some kind of chemical that affects asthma as do roaches. Well the mice have come back. My male cat caught another last week and today, he caught another one. So he's caught about 10 total since I've been living here. Now I am absolutely pissed because I JUST renewed my lease after I basically told the apartments that I wasn't going to renew my lease because of the issues, there's many more issues but the mice are the biggest deal to me. But basically they never do anything about anything. I send everything by email so that I have proof in writing but the property manager conveniently never sees the emails I send about issues but anything I send about making a payment for something, she somehow gets those and responds. I go into the office when I can but I work 10-7pm and the office is open from 10-5 and closed on weekends. But today I took off to go in there and tell them, of course the property manager is "out of town" and "can't be contacted". So I told them I'm calling the department of health because I'm tired of this which I did call. They are sending an inspector out on Monday. I've plugged in all the vents because thats where they were coming from and we've plugged in basically every little gap/hole in the apartment, in the closets and everything, yet one still crawled out of a crevice in the floor where the wall and floor meet in a corner. I'm baffled that they even still come around considering I have two cats, their litter and food are always out but it doesn't keep the mice from coming back. I know from speaking with neighbors that everyone has the mice.
My question is, what rights do I have? Can I take them to court to break my lease? My lease says my apartment should be "habitable". To me constantly dealing with mice, on top of other issues is not habitable. Also pisses me off because I'm on the top floor of the apartment, yet they still get up there. I know they can climb but I've never dealt with mice on the top floor of an apartment. I have all the proof, pictures of every dead mouse that my cat has found. I have all the emails I've seen them about this issue. My lease is not up until 6/30 but I went ahead and renewed just because I've had to move so much in the last several years because there are issues every where I move it seems, I just wanted to get somewhere and stay put. But since it hasn't technically ended yet, would I be able to just go to them and tell them I changed my mind about renewing it? Then if they do, that basically only gives me 2 weeks to find a place which is not enough time to get my money together. I dunno, I don't know how to go about stuff like this. They have never even offered to compensate me for anything or take anything off my rent. My rent is 565 a month. Any advice about the proper, legal way to go about this would be appreciated.
Stop renting bottom of the barrel places otherwise you are going to have to fight for every right you have. Doesn't help you but that is how it works, in their eyes you aren't paying enough to get enough of their attention and to a certain extent they are right even if they are dead wrong on handling this particular issue.
Now first thing is the lease renewal, you signed and it is binding so don't just try to skip out on it. Your noticed on issues need to be mailed or hand delivered on paper as not all courts count email records as written notice, whose to say some of your emails aren't getting filtered as spam while others have no problems.
As for dealing with the issues you called the health department so they will get on it. Having a health inspector out is the first step to breaking that new lease and if the inspector finds an issue they will get the record of the issue you will need to take them to court. You do need to give them the opportunity to correct the issue but if after a while the problem isn't corrected (assuming it is a legitimate habitability issue) you can initiate a termination of the lease due to breach of contract but you are pretty far off from that at this point. Apartments are typically required to deal with pest issues because the pests might be living outside your unit but you have to know the pests won't be gone overnight, or even before the new year in some cases.
Also your definition of habitable doesn't mean anything since all that matters is what state law requires; pests are most likely covered but they might not be so look it up.
And as far as the mice, the only thing you can do is wait until the inspectors do their job and make their assessment. If they find it a serious enough issue the LL will have a specified amount of time to correct the situation. If not corrected by specified time that is when it will be determined what your next steps are as far as whether you can break your lease with or without penalty.
And it is best to start putting everything in writing and mailing it "certified/return receipt required" to your LL instead of calling or emailing so you have concrete proof of delivery if needed down the road.
Ok, thank you for the responses. As for bottom of barrel places. In Indiana, $565 a month for rent in an Indianapolis apartment is typically on the high end for an apartment in Indianapolis. I should have been specific and said Indianapolis instead of Indiana in general if that means anything. Many apartments range from 350-500 per month and I've lived in them all. Also, thank you for the tip about the peppermint oil, I did not know that.
Also, I have been dealing with this issue for a year basically now. I renewed my lease because I hadn't seen a mouse in months since September, so I thought maybe the issue was gone.
And also, I think we found out whats really going on. The apartment below us, they were evicted. Their apartment is NASTY. I mean, dirty diapers laying on the floor, feces, the kitchen floor is black, its supposed to be white like ours. Huge holes in their walls. Now the people under us, as far as we know was abusing his girlfriend. We know because we could hear everything going on because thats how thin the floors are. Then we would see him doing the same thing out in the front of the apartments out our window. She's like 19, he's like 18. They had 3 small kids. Now we already knew this was going on, and yes I reported this to the apartments also because they were making so much noise, it didn't even sound like humans could make that much noise. Thats because he would be slamming her up against the walls and on the floor.
The reason we know what it looks like inside their apartment is because after they were evicted, the door was still open believe it or not. I believe all these mice and roaches are coming from their apartment because its underneath ours. The only reason I don't see roaches is because I put down folic acid to keep them away. I have put in numerous work orders, I have been in to talk to the property manager on numerous occasions, the one that was there when I moved in quit and so did the head maintenance man. Before he quit, he told us why. He said he was tired of dealing with all these issues from the tenants because the apartments never do anything about it. I know him personally but didn't know he was head maintenance over here until I moved in. So the only reason my furnace ended up getting fixed after numerous, ignored work orders was because I finally just called him directly and told him. He quit shortly after that.
The department of health told me to "demand" that they fix the issues. These were his words, I talked to him today. Because he was scheduled to come today but I talked to the property manager Friday and she said they would come out today so I put the visit on hold with the department of health. She comes out, immediately cops an attitude with me and I'm a pretty cool, laid back guy. I'm not the type to really start flying off the handle at all honestly. She tells me that everything stuffed in my vents is a fire hazard. I'm like, wtf do you want me to do? Let mice run around all over the place while you guys sit on your butts for months and months and ignore it? I'm not stupid enough to turn the heat on and its summer anyway, I don't need the heat.
Now these apartments have always had a bad rep in this city, I've lived in this city all my life, but supposedly their under a new property management and supposedly had turned a new leaf but they seem to be as bad as ever and this is going on all around the entire complex because I know others that live in this complex.
Basically, I feel like they're trying to strong arm me, like they do everyone over here it seems. I went into the office on Friday and there was a line basically out the door with people complaining.
Today, they did nothing. Actually issued me a "warning" for complaining because she immediately started trying to ignore my complaints again. So I definitely got upset because again, this has gone on for a year and conveniently, the property manger "was not in", and "could not be reached". The girl that came out, just works in the office, she's not the manager. But I've been dealing with this other agent since I moved in because she's the one that went over my lease with me and she's the one I signed my lease with. Also the property manager is NEVER in the office. So I usually try to go on the website to contact her but the only options are to put in work orders or complaints which I've done plenty of. To me, the state board of health is my only option at this point so I will pursue that. The guy at the state board told me they will come out and if they find violations, (there are plenty), then they will issue a citation.
My neighbors apartment was broken into last night and someone stole her car. We all live in the same unit. Because the lock on the entrance to the unit is broke, and has been for months and I have reported this several times and nothing was done.
And also, I think we found out whats really going on. The apartment below us, they were evicted. Their apartment is NASTY. I mean, dirty diapers laying on the floor, feces, the kitchen floor is black, its supposed to be white like ours. Huge holes in their walls. Now the people under us, as far as we know was abusing his girlfriend. We know because we could hear everything going on because thats how thin the floors are. Then we would see him doing the same thing out in the front of the apartments out our window. She's like 19, he's like 18. They had 3 small kids. Now we already knew this was going on, and yes I reported this to the apartments also because they were making so much noise, it didn't even sound like humans could make that much noise. Thats because he would be slamming her up against the walls and on the floor.
/QUOTE]
I stopped reading your veRyan long post at this juncture. Why the hell did you talk to the apartment managers about physical abuse in the nearby apartment??? YOU SHOULD HAVE CALLED THE FREAKING POLICE.
(There is so much more I want to say, but it would legitimately get me banned from this site.
And also, I think we found out whats really going on. The apartment below us, they were evicted. Their apartment is NASTY. I mean, dirty diapers laying on the floor, feces, the kitchen floor is black, its supposed to be white like ours. Huge holes in their walls. Now the people under us, as far as we know was abusing his girlfriend. We know because we could hear everything going on because thats how thin the floors are. Then we would see him doing the same thing out in the front of the apartments out our window. She's like 19, he's like 18. They had 3 small kids. Now we already knew this was going on, and yes I reported this to the apartments also because they were making so much noise, it didn't even sound like humans could make that much noise. Thats because he would be slamming her up against the walls and on the floor.
/QUOTE]
I stopped reading your veRyan long post at this juncture. Why the hell did you talk to the apartment managers about physical abuse in the nearby apartment??? YOU SHOULD HAVE CALLED THE FREAKING POLICE.
(There is so much more I want to say, but it would legitimately get me banned from this site.
My thoughts exactly...if you knew he was beating her, why didn't you call the police??
I also second AZs comment..you're renting in a low rent, low income area and unfortunately this is what happens when you rent in the hood/ghetto.
Read your lease in regards to early termination, contact your landlord, give notice and move.
And also, I think we found out whats really going on. The apartment below us, they were evicted. Their apartment is NASTY. I mean, dirty diapers laying on the floor, feces, the kitchen floor is black, its supposed to be white like ours. Huge holes in their walls. Now the people under us, as far as we know was abusing his girlfriend. We know because we could hear everything going on because thats how thin the floors are. Then we would see him doing the same thing out in the front of the apartments out our window. She's like 19, he's like 18. They had 3 small kids. Now we already knew this was going on, and yes I reported this to the apartments also because they were making so much noise, it didn't even sound like humans could make that much noise. Thats because he would be slamming her up against the walls and on the floor.
/QUOTE]
I stopped reading your veRyan long post at this juncture. Why the hell did you talk to the apartment managers about physical abuse in the nearby apartment??? YOU SHOULD HAVE CALLED THE FREAKING POLICE.
(There is so much more I want to say, but it would legitimately get me banned from this site.
I completely agree- I am so disturbed by that part of your post. You knew he was "slamming her up against the walls and on the floor" and you called management to complain about the noise? WTF?
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