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  1. #1
    Join Date
    Jan 2012
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    2

    Default Landlord Accepted My Check then Refused to Let Me Move in

    My question involves landlord-tenant law in the State of: Indiana I made an agreement with a new landlord with a prorated amount because it was the middle of the month. Our agreement was that we would pay 2 payments towards a security deposit and pay rent on the first of the month and move in immediatly. She took the check and gave me the keys. Two hours later she called me and asked about my last name if it was polish i told her no that it was croation. Then about 15 minutes later she called back again and said that her mother was sick and could no longer rent because her mother was taking the apartment. She wanted the keys back and return the check. I refused then she said she already ripped the check which i have on my voice mail for proof. I am new at posting if you can answer or have any other questions please help i am staying in a hotel and canceled my stay here so my rate doubled!! I want to sue for the extra expenses I will incur and want to know if she can do this??

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Landlord Accepted My Check then Refused to Let Me Move in

    what do you have in writing?

  3. #3
    Join Date
    Jan 2012
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    2

    Default Re: Landlord Accepted My Check then Refused to Let Me Move in

    nothing in writing was a verbal agreement but she accpted my check gave me the keys then left me a message that she was going to rip up the check and told me over the phone that she wanted her keys back.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Landlord Accepted My Check then Refused to Let Me Move 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.
    As added by P.L.92-2002, SEC.2.
    IC 32-31-8-6
    Tenant's cause of action to enforce landlord obligations
    Sec. 6. (a) A tenant may bring an action in a court with jurisdiction to enforce an obligation of a landlord under this chapter.
    (b) A tenant may not bring an action under this chapter unless the following conditions are met:
    (1) The tenant gives the landlord notice of the landlord's noncompliance with a provision of this chapter.
    (2) The landlord has been given a reasonable amount of time to make repairs or provide a remedy of the condition described in the tenant's notice. The tenant may not prevent the landlord from having access to the rental premises to make repairs or provide a remedy to the condition described in the tenant's notice.
    (3) The landlord fails or refuses to repair or remedy the condition described in the tenant's notice.
    (c) This section may not be construed to limit a tenant's rights under IC 32-31-3, IC 32-31-5, or IC 32-31-6.
    (d) If the tenant is the prevailing party in an action under this section, the tenant may obtain any of the following, if appropriate under the circumstances:
    (1) Recovery of the following:
    (A) Actual damages and consequential damages.
    (B) Attorney's fees and court costs.
    (2) Injunctive relief.
    (3) Any other remedy appropriate under the circumstances.
    (e) A landlord's liability for damages under subsection (d) begins when:
    (1) the landlord has notice or actual knowledge of noncompliance; and
    (2) the landlord has:
    (A) refused to remedy the noncompliance; or
    (B) failed to remedy the noncompliance within a reasonable amount of time following the notice or actual knowledge;
    whichever occurs first.
    As added by P.L.92-2002, SEC.2.
    I didn't mean to bold the entire second quote.

    anyway contact the landlord and tell them you have no intention of releasing her from the contract (yes, even though it is verbal, there is still a contract) and you intend on moving in as agreed. Follow up this with a letter stating the same. Send it certified RRR.

    If she still refuses to allow you to move in, plan on suing her for your damages. You need to realize you are required to mitigate your damages. I would suggest looking for alternate housing. Then, when you sue, figure out what she cost you and list that as your damages. The statute allows for recovery of attorney fees so you might consider speaking with an attorney, at least for an initial consult.

  5. #5
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Landlord Accepted My Check then Refused to Let Me Move in

    JK is right. The only thing I would offer you to consider is the time and energy it will take you to go through all of this. Is it worth it? And if she doesn't want you there to begin with and does let you move in, I can't imagine it's going to be a pleasant place to live.

    Make sure you weigh all of that before going down the litigation road that you would probably and rightfully win.

    Quote Quoting jk
    View Post
    I didn't mean to bold the entire second quote.

    anyway contact the landlord and tell them you have no intention of releasing her from the contract (yes, even though it is verbal, there is still a contract) and you intend on moving in as agreed. Follow up this with a letter stating the same. Send it certified RRR.

    If she still refuses to allow you to move in, plan on suing her for your damages. You need to realize you are required to mitigate your damages. I would suggest looking for alternate housing. Then, when you sue, figure out what she cost you and list that as your damages. The statute allows for recovery of attorney fees so you might consider speaking with an attorney, at least for an initial consult.

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