My question involves an eviction in the state of: Indiana

I would like to start with I am sorry for the long post


I am in kind of a sticky situation in my new apartment. Let me start off by giving some background and reason I posted in finanace. Me and my wife currently rent a 2br 2ba apt in a midwestern city for 1k per month. We really like the apartment and enjoy the extra perks given by the apartment community. We have a neighbor beside us and below. We also have a 35 lb siberian husky. I posted in the finance form as I want to see what my problems could be with this. We have rented here for 3 months and ever since we moved in we have had issues with our neighbor below us. 10 p.m. saturday night first month the neighbor comes up as I am putting our bed together and asks me to stop until tomorrow because she is trying to sleep. I comply as I can understand living in a bottom apartment, but as I think about it our bedroom is above our garage, dining room above her garage, living room above hers, and our spare br above her only bedroom. So I see the sound must travel between 3 walls and a floor which seems a little weird, but OK. So the second month it is the super bowl at 8 p.m. and we have a couple friends over(2) to be exact and at 8:15 p.m. the neighbor comes up and pounds on the door. Starts yelling about how we are not respectful and that we need to be quite becuase it is bothering her dog. We do not argue, but ask her to leave. She stands at the door until I shut the door in her face. I at this point, the next day, get a call from the apartment explaining she has complained about us. I explain to the apartment person our side of the story and she says she will get with our neighbor and we can have a meeting, neighbor declines as she "works two jobs", which is another issue as it is not our fault she has to work two jobs. I explain how she got very angry with us and I don't appreciate it as it is embarrising to have people over and to get into an argument with a neighbor. She explains that my dog walking in the apt was causing her dog to freak out, once again, not my problem. Train your dog and it will not be an issue. This weekend was the last straw. My dog was out on the patio and threw a rubber duck over the balcony which landed in some mulch in front of her patio. Please remember that this is common mulch and there is no way to prove it is my dogs toy, so she e-mails the apartment and they call me again Friday. It is really annoying to have to worry about these little things as I know I should of noticed the toy it is hardly enough to cause an issue. I tell the apartment that I am less than pleased with her actions and speak with the assistant manager for about 30 mins about the situation. He explains that he doesn't know what to do and asks what I would do if I was in his position.

Next

just wanted to give an update. I got home last night to a note from the apartment on my door stating that at 1:38 a.m. Monday morning someone complained about noise in my apartment again. The apartment manager stated she was able to verify this with another resident in the building. I got to thinking and we were in bed by 11:30 Sunday night...hmmmm. So i go talk to all my neighbors and none of them say they can hear me. We have one beside and one across the hall that states they will tell the management this if needed. I also have a person below the person beside me that stated he has ALWAYS heard noise, but spoke to the resident above him(beside me) and never have gone to the apartment. I then spoke to the lady below me. She said she did send an e-mail to the apartment, but it was Saturday. At this point I just want this madness to end and be done as it is annoying and stressful for all parties. Lady below also stated she was just going to keep complaining, but that she did hear things Sunday, but didn't call because she knew it wasn't us. She also says she hears dogs barking from other apartments. My dog does not bark, just the breed. She does not call about that, but my dog playing or walking around is enough to call. It just seems like she is selective in complaining about us. I think we got off on the wrong foot and it is going to be something I cannot win. The letter also states to avoid he said she said the police would be called to mediate and provide statements. Is this something that would be good for me? Since I am 95% positive they are not going to be able to hear anything do you think that will resolve the issue? The only other thing I can think is me and my wife are in all honesty overweight, but I am not sure that us walking can be held against us. I just want everything to go away at this point, whether it is moving to another apartment in the community or whatever, but that does incur some time and cost.

Lastly
I can understand, but we are normally very understanding of that. I got an e-mail from the apartment manager and this is what they propose.

1. Move across the hall to a 2br 2ba with a den and no attached garage for the same amount of rent, but extend my lease until May 31st 2011 as opposed to Jan 24th 2011. Up side is I don't have to move in the winter and they are offering June Free to us for moving. BTW no one lives below that apartment. Also have to forward all mail, move utils, cable, etc. Very cumbersome. Not sure if it is worth 1k.

2. Stay and hold it out. Downside to this is that the apartment has made it very clear that if needed the management company says they can evict both of us for fighting over who is wrong. They tell me that they want to see if the neighbor complains when they put someone else into that apartment I am currently in.

We are in a huge delima. It will be a huge pain to move all of our stuff( They are giving us from May 26th till May 31st to move, but piece of mind is always nice. They have given me until Friday at noon to make a decision. Also someone asked about prior tennants, but it is a brand new complex so I am the first to inhabit either apartment. Please let me know which you would choose and why.

Now I have a notice to vacate because they want me to sign me a new lease. What can I do???? Please help!!!!