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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 30357
Experience:  Attorney
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My 19 year old grandson entered into a rental lease with 3

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My 19 year old grandson entered into a rental lease with 3 other persons his age at a HUD apartment in Hebron, Indiana. After he paid his portion of the rent for several months, one of the people moved out. The remaining other 2 persons stole and sold an electronic device from my grandson and used it to pay for the 1 person's portion of the rent who moved out. On May 12, my grandson started to receive death threats from one of the 2 remaining people in the apartment. A police report was filed. My grandson and his parents want my grandson to move. His parents are willing negotiate with the land lord about the remaining portion of the rent without being sued and have his name off of the lease. There is also been some illegal drug use in the apartment that my grandson wants to be dissolved from any connection. Help.....
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The law protects victims of domestic violence, and the statute applies whenever certain crimes are committed against a household member. That includes burglary, intimidation, stalking or harassment. It also includes conspiracy to commit murder, but I don't know if this is an actual plan or just threats. Your grandson may have grounds to get a restraining order against the roommates, in which case the landlord is required to change the locks if he wants to stay. Indiana Code, Section 32-31-9-9. If he does get a restraining order, Section 32-31-9-12 requires that a landlord let him out of the lease by providing 30 days written notice. He would be responsible for paying rent during those 30 days. The law allows the landlord to require a copy of the restraining order, which means that he may have to go to court. The landlord can also require a safety plan from a domestic violence program that recommends that he move. But you may be able to negotiate where he pays some amount and doesn't have to go through that whole process.

Your grandson can also sue the roommates for the value of the item they stole from him and sold. He can also sue them for any rent that he is required to pay after they drove him from the premises by threatening him and creating an unlivable situation.

The other option to avoid liability without going through the courts is to try to find someone to take over the lease (maybe a friend of the guys who are there now?), but I can understand how that could be difficult in this scenario.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 4 years ago.

He filed the police report and attempted to get a restraining order; but he said that the judge turned him down. This is according to my grandson who went down to the court house by himself, but to be honest, I don't trust him.


 


Today we will go down together to make sure he did apply; if he did apply and was turned down then can we reapply?

He can only reapply if something else happened. If he reapplies on the exact same facts, the order won't be granted.
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