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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
When talking about a rental problem, we always start with the lease and what it says. Next, you will need to show that you gave “notice” in writing to the landlord to fix the problems. Your case is also interesting, though, because of the use of what seem to be chemicals that apparently aren’t working… this may also lead to worries that these frequent sprayings might be causing health risks. All of this means we have three areas to talk about: 1. What To Look For In Your Lease; 2. Special Rights Of Tenants In Indiana; 3. Possible Claims (Lawsuit) Because Of Misused Chemicals.
If you are close to Monroe County, the law school there is a great source to help “mediate” with the landlord. http://www.law.indiana.edu/about/outreach/index.shtml. Otherwise, you might get free or low cost legal help from http://www.indianajustice.org/ Home/PublicWeb .
1. What To Look For In Your Lease;
It’s not always easy to understand everything in your rental contract. This is why there are special organizations for renters’ rights, such as the “Public Interest Research Group” (Or PIRG). Because so many college students are renters, Indian’s PIRG is on the Indiana University campus. They can help you identify resources (such as with their brochures) describing legal services and renter rights: http://inpirg.org/.
2. Special Rights Of Tenants In Indiana;
Besides what the lease says, you also have basic “renters” rights because of the Indiana Supreme Court. These are called “implied” rights and are supposed to protect your rights to basic “habitability” of a rental. Here’s a case where the Supreme Court described these rights in Indiana. This is (as court cases go) a fairly new trend in Indiana. The fact that it is becoming common knowledge that certain pests can make a rental uninhabitable will mean that a court may go either way in deciding pests and chemicals make a place uninhabitable. New York courts have just reached that decision very recently. If you have medical evidence about your child’s health possibly being affected, that will really help you get damages, too. http://caselaw.findlaw.com/in-supreme-court/1376064.html .
You’ve also shown good faith by trying to stay in your lease, by asking for a move within the building. Hopefully, you have done this in writing. If not, send another request in writing and be sure to keep copies of all requests you have made or make in the future. You want to build a written record of your good faith efforts to solve the problem from the infestation.
3. Possible Claims (Lawsuit) Because Of Misused Chemicals.
It’s possible that you have a claim against both the apartment manager and the insecticide or pest company. If you need to go ahead with no legal help, I’d suggest you consider checking with the Better Business Bureau if the landlord and pest company continue to refuse to negotiate. http://indy.bbb.org/. Many times, letting a landlord know that you are willing to work with them before “escalating” your case is persuasive.
Eventually, you may bring the landlord into court…which will also often protect you by allowing you to make escrow payments of your rent to the court itself, and not to the landlord. Here, to find your closest court: http://www.indy. gov/eGov/Courts/ Pages/smallclaims.aspx. Here are the rules for that court: http://www.in.gov/ judiciary/rules/small_claims/index.html .
Finally, it’s an interesting thing that the infestation started after the break-in (or is it just a coincidence that the break-in came and then the pest problem)? Are you suggesting that someone might be harassing you There have been cases where someone, known to the victim, actually deliberately infested their residence.
Besides these three major questions: the last consideration is from the break-in. Has the apartment management failed to keep you safe from break-ins. If they have known of break-ins, had inadequate locks, or lighting, or knew all about the common crime of break-ins in the area, then they may also have breached an implied condition: your family’s safety from known risks. If, for example, the crime has caused you to be unable to sleep, or created some related damages such as stress attacks or loss of appetite, then the landlord may be liable for those damages, too.
When talking about a rental problem, we always start with the lease and what it says. Next, you will need to show that you gave “notice” in writing to the landlord to fix the problems. Your case is also interesting, though, because of the use of what seem to be chemicals that apparently aren’t working… this may also lead to worries that these frequent sprayings might be causing health risks. All of this means we have three areas to talk about: 1. What To Look For In Your Lease; 2. Special Rights Of Tenants In Indiana; 3. Possible Claims (Lawsuit) Because Of Misused Chemicals.
If you are close to Monroe County, the law school there is a great source to help “mediate” with the landlord. http://www.law.indiana.edu/about/outreach/index.shtml. Otherwise, you might get free or low cost legal help from http://www.indianajustice.org/ Home/PublicWeb .
1. What To Look For In Your Lease;
It’s not always easy to understand everything in your rental contract. This is why there are special organizations for renters’ rights, such as the “Public Interest Research Group” (Or PIRG). Because so many college students are renters, Indian’s PIRG is on the Indiana University campus. They can help you identify resources (such as with their brochures) describing legal services and renter rights: http://inpirg.org/.
2. Special Rights Of Tenants In Indiana;
Besides what the lease says, you also have basic “renters” rights because of the Indiana Supreme Court. These are called “implied” rights and are supposed to protect your rights to basic “habitability” of a rental. Here’s a case where the Supreme Court described these rights in Indiana. This is (as court cases go) a fairly new trend in Indiana. The fact that it is becoming common knowledge that certain pests can make a rental uninhabitable will mean that a court may go either way in deciding pests and chemicals make a place uninhabitable. New York courts have just reached that decision very recently. If you have medical evidence about your child’s health possibly being affected, that will really help you get damages, too. http://caselaw.findlaw.com/in-supreme-court/1376064.html .
You’ve also shown good faith by trying to stay in your lease, by asking for a move within the building. Hopefully, you have done this in writing. If not, send another request in writing and be sure to keep copies of all requests you have made or make in the future. You want to build a written record of your good faith efforts to solve the problem from the infestation.
3. Possible Claims (Lawsuit) Because Of Misused Chemicals.
It’s possible that you have a claim against both the apartment manager and the insecticide or pest company. If you need to go ahead with no legal help, I’d suggest you consider checking with the Better Business Bureau if the landlord and pest company continue to refuse to negotiate. http://indy.bbb.org/. Many times, letting a landlord know that you are willing to work with them before “escalating” your case is persuasive.
Eventually, you may bring the landlord into court…which will also often protect you by allowing you to make escrow payments of your rent to the court itself, and not to the landlord. Here, to find your closest court: http://www.indy. gov/eGov/Courts/ Pages/smallclaims.aspx. Here are the rules for that court: http://www.in.gov/ judiciary/rules/small_claims/index.html .
Finally, it’s an interesting thing that the infestation started after the break-in (or is it just a coincidence that the break-in came and then the pest problem)? Are you suggesting that someone might be harassing you There have been cases where someone, known to the victim, actually deliberately infested their residence.
Besides these three major questions: the last consideration is from the break-in. Has the apartment management failed to keep you safe from break-ins. If they have known of break-ins, had inadequate locks, or lighting, or knew all about the common crime of break-ins in the area, then they may also have breached an implied condition: your family’s safety from known risks. If, for example, the crime has caused you to be unable to sleep, or created some related damages such as stress attacks or loss of appetite, then the landlord may be liable for those damages, too.