[coltonjared]

Today my landlord entered my apartment without notice to change the air filter and nobody was home. When he was in here he went into the bedrooms, I know because left the lights on. Now here the problem last night my mother showed up and dumped my dog on me (she had her because I can't have the dog here) so I was out finding her a temp home for her until I move into my new place in a week. While I was out they came in found her and from I can till attacked her because she wouldn't come near me when I got back anyway they called me while I was gone and left a voice mail say I need to get rid of her ASAP. From talking to the neighbors there going to charge me a 400 dollar fine which I'll except because I shouldn't have had her here but what can I do about the landlord entry whenever he fells like it. This is in Indiana

[excon]

Hello c:

Couple things. In terms of your landlord entering your apartment, write him a certified letter informing him the lease, as well as state law, requires at least 24 hour notice before he enters unless it's an emergency. Changing filters is NOT an emergency. Tell him if he does it again, you'll vacate and sue him.

In terms of the dog. IF the lease says he can fine you $400, then you're going to have to pay. But, if it doesn't, and I've NEVER read a lease with that in there, then you don't. Now, he may evict you because you violated the lease. It just may be time to go anyway.

excon

[coltonjared]

Thanks, I can't find the lease right at the moment because like I said were all getting ready to move in a week but from what I can remember all the lease says is there is no pets allowed but nothing about a fine. Also I have another question my lease was signed on June 03 2009 and there saying the lease didn't start until the end of June and we half to stay for the full month, when we first moved in it was the middle of June but we paid for the full month so I don't see why we half to stay the hole month and we half to leave the water and electric on till June 30

[coltonjared]

I was wrong, I found the lease we paid from June 12 to the 30 not the full month but I'm looking at this and it says
2) The rental occupancy period of this contract is approx 1 year beginning June 12 2009 through June 30 2010
How does it say approx 1 year but there making us stay over a year. Please bear with me were trying to get out of the dump and away from this landlord
Also I found in the lease that he can come and go whenever he fells like but that doesn't make it legal doest it

[coltonjared]

Just an update got a letter from the landlord, it says we half to pay a 415 fine and the replacement of all the carpets because the claim it smells like urine.

[JudyKayTee]

If the lease says he can come and go whenever he wants and you signed it - he can come and go whenever he wants.

As far as the fine - refuse to pay it, let him sue you, present your proof that there is no such fine/penalty and persuade the Judge that the landlord is out of line.

If the carpet smells like urine you have to replace it.

[ScottGem]

I was wrong, I found the lease we paid from June 12 to the 30 not the full month but I'm looking at this and it says
2) The rental occupancy period of this contract is approx 1 year beginning June 12 2009 thru June 30 2010
How does it say approx 1 year but there making us stay over a year. Please bear with me were trying to get out of the dump and away from this landlord
Also I found in the lease that he can come and go whenever he fells like but that doesn't make it legal doest it

6/12/09 to 6/30/10 is APPROX 1 year. You are responsible for the rent until 6/30/2010. There is a caveat here that, if the landlord rents the property before 6/30, then he can't double dip, he would have to refund you the difference.

Since you signed the lease, you agreed to its provision. Generally laws do not require that a landlord give notice before entering. This is generally left up to the lease. If the lease specifically says he can enter at any time, and you signed it, you agreed to those terms.

If the lease says nothing about fining you for an unauthorized pet, then he can't do it. That doesn't mean he can't say that the dog ruined his carpet or damaged the apartment and charge you for the cleanup and repairs.

[Fr_Chuck]

Also have the carpet professionally cleaned, and inspected, unless the carpet can not be cleaned by cleaning then it does not have to be replaced.

Clean it when you leave and have it inspected, take photos, and have evidnece. Then let them sue.

They can expect you to pay rent till the end of June

[coltonjared]

That's all I've been doing today is just cleaning anything and everything I shampoo the carpets in the kitchen and hall but I'm going to rent a rug doctor cause my carpet cleaner is the best and I been cleaning the walls. The landlord has a reputation of sue all of his tenants for the stupidest things like he sued his high school friend for not cleaning the top of the fridge and won, he is the biggest slum lord I've ever met. I haven't been able to slide my bedroom closet door open. Sorry about the rant

[JudyKayTee]

Did you notify him about the sliding bedroom closet door in writing - or else he may very well decide to sue you for this repair, too.

I have had tenants whose dogs used my carpets as a bathroom and no matter what I did I could not get the smell out of the carpet pad which, of course, made the whole room smell.

[excon]

Hello again, colton:

I hate to disagree with my friend, Judy, but I fear, I must. No matter what your landlord writes in his lease, if it contravenes state law, then state law prevails. I have included the relevant Indiana statute, here:

IC 32-31-5-6
(g) A landlord:

(1) shall not abuse the right of entry or use a right of entry to harass a tenant;
(2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit; and
(3) may enter a tenant's dwelling unit only at reasonable times.

It appears state law requires that he give "reasonable notice". Therefore, that's what he's REQUIRED to do.

excon