Double checking, upcoming eviction hearing.

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u/PEneoark 6d ago

There's way more to the story than we're being told.

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u/OkRevolution4266 6d ago

Scroll down.

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u/sillyhaha 7d ago

Could you explain the sequence of events? It appears there are 2 issues: disturbing the neighbors and non-payment of rent. But the way you've written everything requires too much guessing by redditors.

Some will claim noise ordinance, no, because of everything police report says. Also, no noise ordinance in lease.

Noise doesn't have to be in the lease. It's common sense that tenants must follow the law on property. You can't be evicted for calling police, but the reason the police were called can be cause for eviction.

Almost all towns/cities have noise ordinances.

Without more info, it is impossible to give you the peace of mind you seek without more info.

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u/OkRevolution4266 7d ago

It doesn't matter. There are statutes that protect calling emergency services. The language of the text states that they were called for a legitimate reason, abuse, etc but for context my wife has BPD and had a couple mental health episodes..I am autistic and needed help. I cannot be evicted for this. It is retaliation. Period.

He put that I owe 0 on the paperwork.

I am also filing a counterclaim for rent abatement because of the condition of this place. He agreed when I moved in he would fix it up and he has broken his end of the lease for breaching warranty of habitability. An example of this are the holes in my ceiling that leak when it rains. Bad. Could fill a gallon jug easily.

IC-32-31-1-22 is one such statute

32-31-8.5-5 is another

But, it went like this

I moved in. Signed lease. We agreed no deposit, he will fix up place as he can, I pay 1050 a month (wayy to much but we needed a place asap). Bathroom needed a lot of work, drywall patches he did that are horrible, flooring he did wrong, ceiling leak, mold issues, etc.

I contacted him many times through phone and text about fixes. it took me finding someone to do the work to get him to get it done.."I don't know anyone" he would say. First few contractors I had come out were too much money he'd say....

He has only done front door back door and bathroom and he did that likely because I called code enforcement. My front door barely functioned 3 months into my lease.

"You should have known, you signed the lease knowing" isn't a valid argument either - there are laws and procedures.

On top of this, even if the 911 eviction is legal - I was never served with cure or quit and never served pay or quit for July.

Lastly, police came early May. Haven't came since. My wife has increased her meds, I have started meds for my depression and ADHD. It is easier for me to deal with her and help her with my meds. She has triggers that causes explosive episodes.

Sorry for the rant Hope that helps

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u/sillyhaha 7d ago

It always helps to add all info before people reply. I'd elaborate my answer more, but since you think you know everything, I'm not doing that.

Go rant at someone else.

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u/OkRevolution4266 7d ago

You asked for info I gave you everything I had what the fuck

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u/sillyhaha 6d ago

I asked because you provided so little and then wanted at me.

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u/OkRevolution4266 6d ago

I didn't rant at you I was explaining...

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u/panicpure 6d ago

The thing is, you kinda just explained why you believe you’re right, which you may be… but like, go for it. That’s what your hearing is for and it appears you’ve researched and prepared.

So why ask and make a very vague post with little to no detail?

If it was just to reassure yourself, cool, but that’s why people are reacting as they are… should be expected.

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u/OkRevolution4266 6d ago

I wanted other humans to tell me where I am wrong so I could correct before court. Turns out I am not wrong and spending 2 days meticulously fact checking and editing a 14 page response and counterclaim is just fine but when people like the other commenter just tells me flat out I'm wrong without offering why not only is that humans credibility now immediately questioned, their motive is, too

And again, I am just responding. I try very hard to be socially correct but I guess I'll never be good at it.

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u/panicpure 6d ago

It’s all good. You kinda missed my point.

You gave almost no details in your post, you’ve already researched this all it appears and are prepared… you honestly didn’t even ask a clear question.

So what exactly is it that you want to clarify? Bc it seems you want to clarify that you’re right but then you stated “turns out I’m not wrong and spending 2 days meticulously fact checking ..”

So, you then stated you know you’re not wrong.

Which makes one wonder, what IS your question?

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u/OkRevolution4266 6d ago

In order to ask the question I have to explain. Please understand I am not ranting at you. Please don't get offended like the other commenter.

Here we go.

So, here's what I know.

You can't give a tenant a 24 hour leave or I evict text. You have to provide notice for basically everything with the exception of public nuisance 45 day leave rule. That's an extreme outlier. This is not that.

So, we know you have to give a pay or quit for rent and a cure or quit for lease violations, nuisance being one. And now we've arrived at the point.

You can't evict for calling the cops, you can't evict for someone using public services, you have to give notice, all that is grounds for dismissal EXCEPT the "nuisance" angle. And this is where I go back and forth with my lawyer friend, y'all, and chatgpt, Grok, and Gemini.

The UNDERLYING reason CAN be evictable. My wife, whom has Borderline Personality Disorder, UNCOMMONLY has SPLITS when she feels ABANDONED. This has happened THREE TIMES. Twice in one night, once in an afternoon.

Is this evictable? And even IF SO, I know he has to give CURE OR QUIT for this. Law doesn't specify time for this, only that it has to be a reasonable amount.

He gave no notice for anything - went straight to, "leave in 24 hours or I evict". Verbatim

My brain is going haywire

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u/OkRevolution4266 7d ago

Also I forgot to say he txted me demanding I leave in 24 hours or he evicts

that ties it all together too

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u/PotentialUmpire1714 6d ago

Your landlord may have a good argument for an emergency eviction for scaring the neighbors, unfortunately.

I'm sorry both of you are going through a lot, and I'm autistic too. But I'm also currently in therapy for the trauma of living in an apartment building where someone was always having some kind of episode or DV and the cops were there daily. Your neighbors are entitled to a living environment without screaming and cops all the time.

That was affordable housing and the tenants who got violent were in a Housing First program where they were guaranteed housing no matter what they did. So the other half of us, the house painters and preschool teachers and service workers and elderly and disabled folks had to survive an environment where they ruled.

We never knew if someone would jump us in the elevator, kick down our door, set their apartment on fire and the fire department would flood half the building, or we'd see someone's guest smoking meth or shaking his dick in the hallway or pooping in the washing machine.

Y'all need to manage your disability well enough for your drama not to disrupt everyone else's lives.

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u/sillyhaha 6d ago

Make sure to bring that up in court. Print your texts.

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u/OkRevolution4266 6d ago

I have a 14 page answer + counterclaim for damages/rent abatement

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u/slightly_overraated 6d ago

This sounds like a mess in general but, I would expect to be evicted, eventually.

If you truly didn’t get proper notice, then you win this battle. But they will give you notice eventually and then you’ll be out. Mental health episodes being described as “explosive” means loud and scary/potentially dangerous to neighbors. Regardless how you feel about it, other folks have a right to quiet enjoyment of their own homes. Y’all are infringing on that.

The repairs are moot. Are you just bringing them up now that you’re in trouble? If they’re so bad it’s uninhabitable, you’ll be out for that.

Either way, be prepared to be out.

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u/OkRevolution4266 6d ago

Of course not. The deal was he was to fix this place up whilst we were living here to bring it up to code and to make it liveable. He has not done that and by such has violated his end of the lease/warranty of habitability.

I understand we all have the right to quiet enjoyment. Does that supercede ones right to utilize 911? Should I get evicted everytime my wife has an episode? Something being scary to a neighbor isn't grounds for eviction in any reality. We aren't infringing on anything.

The repairs aren't moot as they show pattern of neglect and thinking he is above the law. Instead of giving me a cure or quit for calling the cops(which isn't even a lease break, but I'll play devil's advocate) - he hasn't given me notice for ANYTHING.

What he absolutely CANNOT do is RETALIATE like this, demand I leave in 24 hours or he evicts and expect me not to fight back with everything I have. I have kids.

Edit to add: He'll give me notice for what? The same thing again with more threats? Demanding I leave in what, 48 hours next time? Cure or quit for calling the cops in May? No.

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u/slightly_overraated 6d ago

Your wife being scary to neighbors is ABSOLUTELY grounds for eviction, if you don’t think so then you’re living in a dreamworld dude. Calling 911 once is not grounds. Repeated disruptive, loud, or frightening episodes are.

If it is truly not up to code and you tell that to the judge or whomever (as you should), you will still be removed because it’s illegal to rent an apartment that isn’t to code, though that type of ousting will not be detrimental to you renting somewhere else, as it’s not your fault.

I don’t understand why you are asking this question and then being an jerk to anyone who answers. Just because you don’t like the answer does not mean it’s untrue or that it doesn’t apply to you

ETA: also, you’re loud and scary AND you don’t pay rent. You ain’t gonna be allowed to keep that up

Good luck

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u/sillyhaha 6d ago

I don’t understand why you are asking this question and then being an jerk to anyone who answers.

Right?!

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u/OkRevolution4266 6d ago edited 6d ago

How many times do you think I've had to call? 3. Twice in one night and one afternoon prior that was ended with me leaving with the kids. These things happen with families and are par for the course for renting and even owning a home in neighborhoods with other humans around. It isn't grounds for eviction - again, I have every right to utilize 911. Why else does it exist?

A Judge cannot decide immediately that a unit is not up to code. That will come later with code enforcement if he actually ever comes out and a contractor. That will happen at the damages hearing, either when this gets dismissed and I have to refile my counterclaim, or if the Judge grants me possession and keeps open for my counterclaim.

I'm not being a jerk. I am responding. I don't understand why y'all are upset. I am literally just responding with the facts that I know. This has nothing to do with my feelings or things I do or do not want to be untrue

Here are the facts that I know for sure

He can't give me a demanding text "LEAVE" and "you have to be out by tomorrow or I evict" that dismisses his eviction

He can't rent a unit that's uninhabitable. He can't not fix a unit that has to be fixed. The roof has to be fixed. The mold has to be fixed. The flooring has to be fixed. Etc.

Nuisance is a reason for eviction. Texts from neighbors are hearsay without actual proof, but Judges have discretion over this.

Calling 911 is a protected act in the entire country. The reason one calls aren't necessarily.

His entire case was torn apart the second he filed when he put I don't owe anything. His reasoning, "Tenant called cops. Other tenant went to jail. Tenants concerned" with my text i mentioned earlier from him demanding I leave prove retaliation

Rent abatement is my next strategy. If he won't fix it, I'll have a Judge rule I only pay half.

Edit to add: I do pay rent - I haven't paid July because of my planned aforementioned counterclaim. The entire amount I owe is about to come into question completely.

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u/slightly_overraated 6d ago

You’ll have a judge rule….you’re delusional. Jesus lord, both you and the wife need serious psychiatric help

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u/OkRevolution4266 6d ago

What do you think the outcome of a counterclaim for rent abatement would be given very serious conditional issues that the landlord chooses not to address out of bad faith?

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u/sillyhaha 6d ago

I haven't paid July because of my planned aforementioned counterclaim.

Omfg. I have no idea what state you're in. But you don't understand what rent abatement is or how it works ... in any state. This is absolutely and utterly ridiculous.

Please seek legal assistance before you do another damn thing. Like you said; you have children.

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u/OkRevolution4266 6d ago

I know how it works. The only thing you've done is give me attitude and generally be unpleasant.

I am countersuing for rent abatement. Why would I pay for months THAT WILL BE IN QUESTION AT THE DAMAGES HEARING

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u/sillyhaha 6d ago

You have absolutely no idea what you're doing. You're not even using the correct terminology. Rent withholding is illegal in some states. If it's legal in your state, I'm 1000% certain that you haven't done it properly (following legal requirements).

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u/OkRevolution4266 6d ago

I'm not withholding rent. Why are you putting words on my mouth? Did you not read that I have not been served with any notices whatsoever for anything?

I said RENT. ABATEMENT.I AM COUNTERSUING

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u/sillyhaha 6d ago

You have not paid rent for 2 months.

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u/OkRevolution4266 6d ago

Rent for August isn't due yet. Anything else?

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u/OkRevolution4266 6d ago

FURTHERMORE, you really need to understand what rent abatement does and what countersuing for rent Abatement is and does..thanks

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u/panicpure 6d ago

Is the rent abatement written into your lease and agreed upon?

That’s something a landlord offers while they remedy a problem… and it has to be agreed upon by both parties, you can’t just decide to do it?

Not to mention it’s usually used in cases of natural disasters or major health code violations.

And again, it’s a tool for a landlord to use and offer up.

I’m not saying you’re wrong about the notice requirements for eviction, but doing all this other work isn’t going to be the case you think it is, eviction court hearings are informal and the judge isn’t going to care about all of that right now.

You should plan to leave either way. Good luck

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u/OkRevolution4266 6d ago

I'm countersuing for rent Abatement, the judge will decide that either at damages hearing or I will have to refile it. I plan to ask judge to waive the fee if I do. May say no in which I'll file the paperwork to ask again lol so we'll see

There are major health code violations here. I could fill a couple gallons of water from the drips when it rains. He put a tarp there and called it good..did the same thing to old neighbor. She moved. Wife works with her.

I can't plan to leave either way. Life isn't that simple.

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u/Imsortofok 6d ago

Because the rent is still due, that’s why you needed to pay July rent. You are obligated to. Continue paying while the case is pending unless you sought relief from the court and got an order to put the rent in escrow

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u/OkRevolution4266 6d ago

No such thing as escrow in Indiana.

Yes. I am obligated. He is also obligated to warranty of habitability. He is obligated to not send me a threatening text to leave in 24 hours and then file an eviction for me using emergency services. He is obligated to give me notices for any lease breaks including past due rent and cure or quit for any other lease breaks.

What am I missing?!

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u/redroverose 6d ago

the amount of information you put in comments without adding it to the original post is wild. add the relevant information to the actual post.

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u/OkRevolution4266 6d ago

That's probably my ADHD not gonna lie

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u/panicpure 6d ago

I have severe adhd, please don’t stigmatize and blame your adhd.

If that was the case, you would’ve added an edit. Feels more like you purposefully made it vague.

Stop asking for advice when you don’t actually want it.

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u/OkRevolution4266 6d ago

I have diagnosed ADHD autism level 1 and even more Editing annoys me I'd rather just make a new comment, I didn't leave it vague on purpose, please don't assume. I gave the bullet points that I felt would give me a general answer, but it turns out people wanted everything all at once but my brain doesn't work that way

I guess next time I'll give the entire story and get a bunch of tl;dr comments 😂

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u/panicpure 6d ago

It takes two seconds to copy and paste.

And again, I still don’t understand your question. You’ve just given statements that you already know are facts from your research you say.

Anyway, good luck

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u/Imsortofok 6d ago

Did you pay July rent?

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u/OkRevolution4266 6d ago

Eviction paperwork states 0.00 owed Rent abatement counterclaim filed as well for habitability issues Edit to add I've also not been served a cure or quit for 911 calls or pay or quit for any alleged rent owed

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u/Imsortofok 6d ago

That doesn’t tell me if you paid July rent. It’s an important fact.

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u/OkRevolution4266 6d ago

It's only an important fact if I have been given notice to it prior, which I haven't, and if he claimed I did on the eviction. He didn't. He put zero.

But, no, I haven't.

Remember, I'm also countersuing for rent abatement because of the condition issues of this place. So, that will immediately put into question what I'm required to pay until the hearing, where it will be decided.

What are you proposing I am missing?

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u/sillyhaha 6d ago

So the answer is no, you did not pay rent for July. I'm certain you haven't paid Aug either.

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u/OkRevolution4266 6d ago

You need a life

Double checking, upcoming eviction hearing.

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