Stopped paying rent due to sub satisfactory conditions- deposit???

[mbc123]

Thanks in advance for all help.

IN jurisdiction, big college town

Building is ONE YEAR OLD!

Ok here's just the facts:

Moved in 1/09

Paid $675 deposit in 08/07

Paid $1350 for July/August 09 rent in August 08 to get the keys

I subleased from Aug-Dec 08.

Contract ended and keys handed over Aug 7 2009.

1.Right off the bat, elevator was broken numerous times, urinated in daily, all lights ripped out.

2.derogatory graffiti on walls left for months at a time. Hello homecoming parent visits? They dont care that some likes phallic objects.

3.Sewer gas backdrafted through all four bathroom vents. Water was rusty, advertised as "soft water" per the ad.

4.flourescent light fixtures throughout halls smashed.
one fixture left hanging charred by bare wires from cieling four feet off the floor for five days!!! Can you say electrocution and sharp sheet metal edges???

5. this takes the cake. vomit left in stairwell ( you know, the only way to my floor since the elevator was broke), left there so long, it ate the paint off the concrete stairs and metal sides. DISGUSTING.

6. entire campus knew "security code" to main doors. we had electronic keys. NOBODY should have known the code. never got changed. even had to tell the fire department and police MYSELF when I went downstairs after 40 minutes of a fire alarm going off. Got to foyer to see firemen staring in the window like monkeys at 3:30 am.

7. back door in foyer left unlocked 24/7

8. third floor access door from parking garage had an electronic lock, busted the whole time, just give it a nudge.

9. No parking gates installed as promised. The big yellow boxes are there but no gates.

10. Broken beer bottles/glasses/etc. all over common area halls.

11. My bike was also vandalized. Have record and police report.


For everything but # 4 and #5, I have photo and some video documentation. It's still like this today, and I complained about all the above on four different occasions. The puke about made me vomit. Their solution was to cover it up with a black bag on Monday and WAIT TILL FRIDAY to clean it up.



I have read IC 32-31-3,5,7,8.

IC 32-31-3-9
"Security deposit" defined
Sec. 9. (a) As used in this chapter, "security deposit" means a deposit paid by a tenant to the landlord or the landlord's agent to be held for all or a part of the term of the rental agreement to secure performance of any obligation of the tenant under the rental agreement.
(b) The term includes:
(1) a required prepayment of rent other than the first full rental payment period of the lease agreement;
(2) a sum required to be paid as rent in any rental period in excess of the average rent for the term; and
(3) any other amount of money or property returnable to the tenant on condition of return of the rental unit by the tenant in

IC 32-31-8-5
Landlord obligations
Sec. 5. A landlord shall do the following:
(1) Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition.
(2) Comply with all health and housing codes applicable to the rental premises
(3) Make all reasonable efforts to keep common areas of a rental premises in a clean and proper condition.
(4) Provide and maintain the following items in a rental premises in good and safe working condition, if provided on the premises at the time the rental agreement is entered into:.
(A) Electrical systems.
(B) Plumbing systems sufficient to accommodate a reasonable supply of hot and cold running water at all times.
(C) Sanitary systems.
(D) Heating, ventilating, and air conditioning systems. A heating system must be sufficient to adequately supply heat at all times.
(E) Elevators, if provided.
(F) Appliances supplied as an inducement to the rental agreement




The thing I did wrong is I didn't technically document the dates I complained but I did make a note on my calendar on my wall. The secretary knows I complained but she won't snitch.

I finally submitted a letter that I would be taking them to small claims on 9/30, unless the manager/owner would speak with me. They could care less, its a college town and they just want their money.

I finally received an explanation that any legal action was void on my part because I defaulted on my rent, and the portion of my deposit on Oct.2 2009.

They took like 56 days to return a small portion of mine and my roomates deposit.

OK, so what I do know, the owner is running out of money. The building isn't finished and when I was in the office on 9/30, I saw numerous " late fee" stamps on their bill pile.

What do I have here?

I think we are entitled our $675 deposits, regardless of me not paying the rent due to the 45 day security deposit clause:
IC 32-31-3-12
Return of deposits; deductions; liability
Sec. 12. (a) Upon termination of a rental agreement, a landlord shall return to the tenant the security deposit minus any amount applied to:
(1) the payment of accrued rent;
(2) the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and
(3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement;
all as itemized by the landlord with the amount due in a written notice that is delivered to the tenant not more than forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until the tenant supplies the landlord in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection. Unless otherwise agreed, a tenant is not entitled to apply a security

deposit to rent.
(b) If a landlord fails to comply with subsection (a), a tenant may recover all of the security deposit due the tenant and reasonable attorney's fees.
(c) This section does not preclude the landlord or tenant from recovering other damages to which either is entitled

Also, can the prepaid rent be construed deposit as well?

Personal rant:
Bottom line, the owner of the building is hiding out in Naples at his $4M mansion while I stare at and smell 5 day old puke. I will let things slide but that pushes my buttons!

THANK YOU!

 

[Gail_in_Georgia]

You can certainly consider suing the landlord for your deposit.

However, in Indiana not providing the security deposit (or notification of what this was used for) within the required time period does not preclude the landlord/management from suing you for owed rent.

In reviewing Indiana state laws on a tenants options for a landlord failing to address repair issues (and pornographic graffiti on the walls, while offensive to many, does not constitute a repair issue), it was noted that a tenant could 1. use the rent money to make the repairs themselves or 2. terminate the lease agreement and move.

I could find nothing in the state landlord tenant law that allowed you to simply withhold rent (some states do allow this, although this rent is typically put in an escrow account held by the court).

Unfortunately, this complex seemed to be rented by student who, unfortunately, can be quite destructive and quite uncaring in what they do to rental units. One reason many landlords will not rent nice housing to students.

Gail

 

[mbc123]

I understand and ignorantly, I didn't know about the escrow deal. Basically, if I go in, I can expect a wash?

I think I definitely fulfilled the timely notification part of making the repairs. Is this all null and void???

Also, to terminate the lease would have cost me alot of excess stress and costs due to their unwillingness to follow the contract? Is that fair to me? Would the judge just say "sorry bout ya"?


what about doing escrow now? I would love to do that because I don't think they would make the repairs STILL.

what about my vandalism damages?

what is my costs of dealing with the broken equipment, unsafe environment, biohazards, and broken glass. I shoulda stepped on some glass in the hallway. Coulda retired

I agree, some people were destructive. I even told the office who some of the vandals were, didn't seem to matter. I thought living in the most expensive building would yield a cleaner, quieter, healthier quality of life. Guess not.

 

[Gail_in_Georgia]

No; this isn't a wash. You can certainly sue for return of your all of your security deposit if you wish, arguing that it wasn't returned within the 45 day deadline. Keep in mind that this deadline is when the deposit is mailed, not necessarily when it was received. You would need documentation on when you turned in the keys and when this deposit was mailed (i.e., the postmark on the envelope).

In order to sue for the remainder (broken equipment, unsafe environment, etc.) you would have to show actual damages. Even stepping on broken glass wouldn't necessarily be a windfall financially for you; medical coverages might have been covered and that's about it.

Can you prove in court that management was negligent and that this caused your bike to be vandalized?

Can't do the escrow now (even if Indiana allowed this). In states that allow this, the tenant will 1. notify management (in writing) of repair issues, 2. give adequate time to address these, 3. notify the clerk of court of the desire to set up an escrow account and 4. do so, placing the rent there instead of sending it onto management.

And yes, a judge might inquire (depends on the judge) if the living conditions were so bad why you didn't terminate the contract.

You need to sit down and determine whether its worth it to sue for the remainder of your security deposit. I'm not sure how much we're talking about here.

Gail

 

[mbc123]

Let me role play a little with you Gail. Ill pretend you are the judge.

So you ask, why not move out if that bad?
I would think the following: being a full time student, the task of relocating mid year would have been impossible and a strategic nightmare while trying to maintain good grades. Secondly, what are the implications for my roomates? I would have no idea how the landlord would act towards them. Also, if I was forced to relocate wouldnt that have been at teh expense of teh current landlord? Isn't there law regarding equal replacement value?

You ask, can I prove neglect caused the damage to my bike.

I would say that continual request for the security gates to be put up would keep everyone except for tenant vehicles out of the parking garage. that WILL eliminate some risk. also, they never changed the front door lock code even after my request. this allows unneccesary foot traffic. lastly, the electronic door lock I asked to have fixed never got fixed. once again, more unmonitored foot traffic. if people can't get in, they arent likely to walk up the four floors worth of stairs just to vandalize.

also, what about their flyer SPECIFICALLY stating "secure buildings". I knew I had a motorcycle and based part of my decision to live there on the thought that there would be the security that was promised me. I wouldn't have paid that much rent for the place if i didnt think it offered a more secure location four stories up out of public view.
is there any false advertisement there? they aren't secure at all...

 

[Gail_in_Georgia]

I'm not a judge. Thus, I have no idea how a judge in your district would rule on this issue. I do know many judges (who hear many, many cases during the week) want to keep things simple and not have either side throw a whole book load of stuff at them.

The issue you have discussed in these postings is not Supreme Court material; it simply covers whether or not you can get all of your security deposit back and whether management can, in turn, sue you for owed rent.

Remember lawsuits are about money. In some cases, financial compensation can be given for pain and suffering although it's unlikely that get any of this for living in a place with graffiti on the walls and elevators not working (unless you happen to be disabled regarding the latter).

You need to decide exactly what legal action you plan on taking should this end up on court. Are you going for a full return of your security deposit? Or are you saying that you kept your motorcycle up in your fourth floor apartment and because the front door code lock was never changed, someone came up those four flights of stairs and vandalized your place and thus management owes you for this damage also?

Gail