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Can we legally break our lease?

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  • Can we legally break our lease?

    Okay first off, I live in Indiana. Me, my fiance & our five week old son live in an apartment complex in which the neighbor constantly has extremely loud music, which vibrates our walls, and fights on a daily basis with the woman who stays with him. This man yells irately in his apartment and is obviously drunk when he is doing so. We also have suspected that he keeps a gun in his apartment.

    Earlier today, the man's music was so loud that our walls were shaking once again. My fiance opened the door and saw the woman who stays with this man walking down the stairs. He asked her to please tell the man to keep his music down because our son was sleeping.

    She went back up to the apartment and told the man what my fiance had said. He became extremely angry and rushed over to our apartment and pounded on the door. My fiance answered and went into the hallway to try and explain to the man that he was not trying to be rude, but that his music was way too loud. The man became extremely irate and threatened to "beat up" (putting this a little nicer than what was actually said) my fiance. The man was screaming irately in my fiance's face.

    After this altercation, the man came back to our door and assaulted my fiance. After threatening him some more, he picked my fiance up by the shirt and held him over the stairs, as if threatening him that he would throw him down the flight of stairs. He also poked my fiance in the face and stood in front of our door and would not let my fiance back into our apartment.

    We immediately left and called the police. The police advised us to call our landlord and explain the situation, which we did. Our landlord was very rude to us and almost suggested that the whole situation was our fault because we provoked the man. In no way, shape, or form was she of any help to us. We are afraid to go back into our apartment now because the man knows that we have called the police and notified management. What if this man does have a gun and tries to start another argument? What if the problems only get worse? Can we break our lease and look for a new place because we are terrified of what this man will do next? Help!

  • #2
    Re: Can we legally break our lease?

    One incident is not enough to break your lease. Get a copy of the police report. File for a restraining order against the neighbor based upon the threats. Go home. If he even comes close to you, call the police. He will be removed from the property. Call the police each time the noise disturbs you. Get copies of every report. Send copies of each report to the LL with a demand that the LL take action and stop this person from disturbing your peaceful enjoyment of your rented unit. If the LL then fails to take action, you will be able to break your lease.

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    • #3
      Re: Can we legally break our lease?

      Originally posted by Unregistered View Post
      One incident is not enough to break your lease. Get a copy of the police report. File for a restraining order against the neighbor based upon the threats. Go home. If he even comes close to you, call the police. He will be removed from the property. Call the police each time the noise disturbs you. Get copies of every report. Send copies of each report to the LL with a demand that the LL take action and stop this person from disturbing your peaceful enjoyment of your rented unit. If the LL then fails to take action, you will be able to break your lease.
      Make sure those letters to L.L. are sent certified R.R.R.

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