Can I get out of my crappy apartment?

March 12, 2006 8:35 PM

What can I do to get out of my awful apartment?

Background: Former student still temporarily living in a college town--Bloomington, IN. I moved into my current apartment in January and have a lease through June. I live alone, though I am occasionally given pick-me-up support through my boyfriend, who lives approximately 120 miles away. At the end of June, I intend to move down with him.

It turns out that my shithole of an apartment is... well, a shithole. I live on the ground floor, which is actually below ground level due to the apartment complex being set into a hill. The top of my bedroom window is below ground-level, though I have a stone enclosure that allows me a sort-of view. The floor is concrete, and as I discovered earlier this week, unsealed. When it rained, water leaked in through the floor and onto the carpet.

Last night, during heavy rain, the stone enclosure became filled with approximately 6 inches of water, which then spewed in through the closed window. The carpet in my bedroom was (and still is) soaked, and not exactly smelling pine fresh.

My lease has no out clause; if I break it, I am still liable for the remainder of the lease.

Is there any way for me to get out? I'll be meeting with the rental agency tomorrow to discuss repairs and such, but if there is *any* way I can use this to get out, I'd be more than happy to take it. All of the damage is documented through photographs and has been reported to the rental agency.

Naturally, should it be required, I'd hire a lawyer. I just want to know what people have done in similar situations, and whether there's anything that *can* be done.

posted by billybunny to home & garden (9 comments total)

Here's a place to start.

I know you said former student, but you still might try Student Legal Services at IU to see if they can help you at all. At least it doesn't hurt to give 'em a call.

And, yeah, apartments in bloomington tend to suck mightily.
posted by logicpunk at 8:45 PM on March 12, 2006

You have a lot of options, but you should talk to a lawyer because landlord tenant law is very local. Check out this page for resources on your rights in Bloomington and see if the University's legal clinic can help cheap--you'll have to go through Indiana Legal Services to get a referral. You may not qualify, depending on your income.
posted by Ironmouth at 8:53 PM on March 12, 2006

logicpunk beat me to the punch. Slow typer.
posted by Ironmouth at 8:54 PM on March 12, 2006

Also see here and here.

Definitely continue documenting everything, including every communication you have with the rental agency. Try to get them to put any statements about repairs in writing. If they're unreasonable when you discuss this with them, you might mention that you'll file a rental complaint with Housing & Neighborhood Development, and maybe it would be cheaper for them to just let you out of the lease, hint hint. But ultimately if you really don't think you can put up with the shithole till June, and you've got a place to go to, you might consider getting the lawyer and/or just breaking the lease and dealing with whatever chips fall at that point.
posted by Gator at 8:55 PM on March 12, 2006

You might want to read IU Student Legal Service's housing guide. Pay attention to the housing code section:


The structure must be kept in good repair and weather tight. Plumbing, heating, and electrical systems must work properly. Hot water and adequate light and ventilation must be provided. For details of these and other requirements, contact the housing code enforcement office (349-3420) or SLS (855-7867).

posted by acoutu at 8:55 PM on March 12, 2006

I second Gator's advice to definitely document all communications with the rental company, particularly wrt the planned repairs.

If the repairs are made well and quickly, you'll have a harder time making a case. However it's certainly possible, and maybe even likely, that repairs will get bogged down in administrative details or something, and the apartment will linger in a half-cleaned state. (This has happened to me more than once.) In such a case, they will very likely have broken some kind of housing code that you can challenge them with, so read up on the links above.

You mention that your lease has no out clause, but remember that a lease binds both parties. If the repairs are not made satisfactorily, THEY have broken the lease, and it no longer applies to you.
posted by miagaille at 7:42 AM on March 13, 2006

Just develop a mold allergy. Lots of other people do.
posted by fourcheesemac at 8:28 AM on March 13, 2006

Just reiterating the general advice:
* Get local legal advice. Many times, there are laws about rentals being habitable with some generous recourse for the renter.
* Document everything, past present and future. Compose a timeline of problems and communications. Note any best guesses.
posted by deanj at 9:42 AM on March 13, 2006

Look up local renter's rights on the web. In most places, you have a right to "quiet enjoyment." If the place reeks of foulness in a way that it didn't when you moved in, you may be able to claim that that right's being violated.
posted by ikkyu2 at 3:08 PM on March 13, 2006