Legal Question in Real Estate Law in Indiana

Rental Nightmare! Please help.

Half way through my lease, my apartment complex (to my surprise) went under new ownership. Prior to new ownership, I did not have to pay gas and water. They installed meters and every apartment so they could begin charging for gas and water to new tenants, but I was told I would not be charged unless I renewed my lease. This month I was sent a bill from a company that supplies gas and water. I did not give the manager permission to give my information to this company. When I questioned them about it, I was told they would take care of the bill. Privacy violation? Also, my heater does not work. I have had a worker here once, to determine the damage. I have called several times and they keep giving me dates as to when it will be replaced, but never come. When I ask for a copy of the work-order they are reluctant to give me one. If I ask to speak with the manager I am told he is out. This is not the only instance that I have had problems getting fixed. I still do not have my front door fixed (security issue) from when I first moved in. Help please.


Asked on 10/29/04, 2:31 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Rental Nightmare! Please help.

You need to make sure that you have documented the problems - don't just call the office, but also send a letter stating what the issue is and stating what the office promised you it would do. Send follow ups every time you contact the office. If the heat is not fixed or replaced in time for cold weather, then you will have the right to move out and claim the apartment was uninhabitable. If the complex then sues you for future rent, you have the complaint letters and their promises to show the Court that there was a constructive eviction which resulted in you moving. Another alternative is to hire an attorney to track down the owner and have the attorney write a letter on your behalf with your complaints and demanding assistance. Another alternative is to contact the Health and Hospital Corporation of Indianapolis/Marion County to have an inspector review your apartment and contact the owner for repairs.

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Answered on 11/01/04, 1:14 pm


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