Why is My Landlady Evading Me when I Am Trying to Get Rent Assistance

[cjarvis42]

My question involves landlord-tenant law in the State of: INDIANA

Why is my landlady evading me when I am trying to get rent assistance? I paid $100.00 in form of a money order on Friday, September 30, 2011 and a sticky note attached stating that I am on short-term disability and trying to get the rest of rent in. I also typed a letter to her stating that I will be going to the township trustee's office for rent assistance; that was 2 weeks ago and I did not get a reply from her stating this was ok to do.
On Tuesday, October 11, 2011, I went to the trustee's office and they requested more information: Rental Affidavit, print out of rent paid for August and September 2011, and current lease. I called her cell phone number 4 times that day and left 4 voice mails requesting those items. I spoke with a maintenance man and he said he would pass the message to her. Also, I called the main apartment complex phone number and left a message with the answering service listing those items to tell her, that was the morning of October 14, 2011. And still no reply from her of any kind.

What should I do?

Is this consider loss of Quiet Enjoyment? and a reason for Constructive Eviction? Is there an Indiana Code for this?

[jk]

Is this consider loss of Quiet Enjoyment? and a reason for Constructive Eviction? Is there an Indiana Code for this?

no and no and the only code applicable would be one that allowed the landlord to evict you for non-payment of rent. First thing you have to realize is that your contract demands you pay $XXX.xx per month and failure to do so is grounds to evict you.

You should have a copy of your lease. You should have proof of payment for August and September. The landlord is under no obligation to provide you with duplicates of items already given to you.

Unless you get a notice to pay or quit, I would keep trying what you are trying. Why the landlord is not responding is something only she knows. I would contact the trustee's office and keep them informed. They have wide latitude in granting assistance and may be able to work around the problems you are having contacting your landlord.

[cjarvis42]

Well, I did not request the information, but the trustee's office did....I could not find my copy of my lease and the trustee's office is the one who requested the rent print out for August and September. This landlady has approved rent via the trustee's office before. Also, I have not seen her at my apartment complex since last month; she manages 3 small ones that includes mine.

[jk]

not sure of your point.

I know who ultimately asked for the documents but as I stated, you should have most of them already. Since you are having difficulty contacting your landlord, I would contact the trustees office and seek direction from them. Maybe the proof of payment you have and your copy of the lease will be enough for them to offer financial assistance.

You are not in a position to wait for anything. I presume your rent was due the 1st of the month. This is the 15th. The LL can issue a pay or quit notice (offhand don't know if Indiana has a 3 or 5 day requirement but regardless) which if you do not pay, they can start eviction proceedings. Once they start eviction proceedings, they do not have to stop even if you come up with the money owed.

Communication with all parties involved is crucial to your situation.

[cjarvis42]

Right, but my landlady had perfect opportunity and enough time when I put the letter in the rent drop box( she does not have an office on site)to communicate with me somehow.

REMEMBER: She has been evading me before the 1st of October 2011.

[jk]

Right, but my landlady had perfect opportunity and enough time when I put the letter in the rent drop box( she does not have an office on site)to communicate with me somehow.

REMEMBER: She has been evading me before the 1st of October 2011.

and?

she may have been standing right next to you when you asked her and she could have ignored you. She does not have a legal obligation to provide the documents you asked for unless a court asks for them. That is why I am suggesting contacting the trustees office and asking them if they have any suggestions or work arounds to them helping you.

I will say that you seem to think you are the one with the rights here. You aren't. Your landlord has the right to be paid on time and does not have to grant leniency unless a court requires them to. So far, you have been given two weeks beyond your rent due date with no adverse action. I would suspect that time will not continue forever.

[Disagreeable]

It sounds like she is waiting for you to sink or swim, rather than playing a late rent game every month.