Mentally Unstable Neighbor & Our Lease

[LostInIllinois]

Hubby & I lived in our current apt for 3 years. This is the first time we signed our lease and never got a copy back and we signed it in over 4 months ago. Our landlord also has yet to provide rent reciepts for the past few months. Everytime we confront her on the copies we need, she says she will bring them by and never does.
To top it off, in May 2009, a mentally unstable person moved in next to us. This person sits in front of her door (we live on second floor and the front of our doors is basically the walkway to get to stairs) all hours of the day and night smoking, talking to herself, and occasionally screams she will shoot someone. When this neighbor is in her apt, we and other neighbors can hear her having tantroms (again screaming she will shoot someone or torch this place) and throwing objects around the apartment.
We have confronted landlord on this situation, (and called the police about 3 times already) and even though we have security cameras on premises, she says she never recieved complaints from other neighbors. Which we know is untrue because other nieghbors told us they complained to her and her husband (who does the maintance for the building).
Our lease says noone is to block in walkways, stairs, etc and we also have section talking about unsafe living conditions. We talked to the landlord last month about us possibly moving because of this and she said she will keep our whole security deposit if we leave but yet says she will let us move to her other building where we will have the same problem once another apartment opens up.
We don't know what to do anymore. Please help!!!

 

[Gail_in_Georgia]

Your options are to..

1. Continue living there and continuing to contact the police when needed, then find another place when your lease ends.

2. Break your lease and lose your security deposit.

3. Take the landlord up on the offer to move to her other building when an apartment is available.

These sorts of matters with noisy, unstable, smelly, rude, etc. (hopefully not all at the same time!) tenants are often part of living in an ant hill situation (i.e., an apartment building). This tenant was already living these since May when your current lease came up for renewal four months ago.

Gail

 

[LostInIllinois]

So even though my family has been living here for 3 years and the lease states noone to block walkways, entrances, make threats, etc. We can still be out of our deposit if we leave before the lease ends?? That's totally unfair because the landlord is letting more mentally unstable people move into her buildings so taking her offer to move would be pointless.

 

[jacksgal]

The issues you bring up have nothing to do with your breaking your lease.

 

[Gail_in_Georgia]

If these mentally unstable tenants are also disabled because of this, your landlord cannot discriminate against those interested in renting who are able to meet any screening requirements. To do so would violate Fair Housing laws.

Gail

 

[mightymoose]

There are only specific reasons that a landlord can keep your security deposit. You should be documenting these problems as well as every contact with the landlord. Take pictures and make any recordings that you can. Most cell phones these days have an audio recording capability, so turn it on, slip it in your pocket, and go have a conversation with your landlord. Also, send your landlord a letter (and keep a copy) requesting copies of your lease agreement and receipts.
Your landlord is responsible for holding up the terms of the lease as much as you are. It sounds to me that you can make a reasonable argument for your need to move early (neighbor threatening to burn the place down, presumably with you in it).
This sounds like a landlord to avoid, so I would avoid moving into her other property.
In the end, if you should decide to move out and she does not return your deposit, you can resolve the issue in civil court with your documented account of what has been going on.
Even if you break the lease, the landlord still can't keep your deposit unless unable to find a new renter or if there are legitimate damages beyond ordinary wear and tear.

 

[mightymoose]

If these mentally unstable tenants are also disabled because of this, your landlord cannot discriminate against those interested in renting who are able to meet any screening requirements. To do so would violate Fair Housing laws.

Gail

Those tenants would still have to abide by the same rules as everyone else.
Making threats to burn the place down is a good way to get hauled off to a mental hospital.

 

[LostInIllinois]

As a matter of fact, yes, this neighbor is a patient at a local mental help facility. In August, she was detained there and kept in the hospital for the latter half of the month because she has an "episode" there.
I had to call the police yesterday (again) because she was screaming about shooting people, torching this place, and throwing objects all over her apartment. My other neighbor said when he seen the landlords husband, he let him know what happened, and supposedly the husband is going to talk with his wife(the landlor).
I am 7 months pregnant and we get our stepdaughter every other weekend. The landlord knows this, and yet she alllows this to keep happening. I know that if it was her family living here the problem would have been rectified.
Thank you for all you information.

 

[Gail_in_Georgia]

Unfortunately, as you have found out, hospitalizing a mentally ill patient is no guarantee they will remain hospitalized. Once medications have stablized them, they are discharged, often to stop taking their meds once they are back in their living situation.

Gail

 

[LostInIllinois]

UPDATE:
The apartment to the right of me has been empty since November. Well, my new neighbor moved in December 1st, and guess what! Also, a patient at the same facility that my neighbor to the left attends.
So now, I get screaming to the left of me, and a creep that watches porn all night with his door open and "relieving himself".
On the second night my new neighbor moved in, my doorbell rings and its my other neighbor telling us whats going on to the right of us and to be carefull especially when we have my stepdaughter everyother weekend.
I don't know how much more of this we can take. As far as my landlords concerned, NOONE else complains and yet my "normal" neighbors tell us different. I am tired of being the ones to offically want to do something....

 

[wowman5]

similar issue

been living in my apt for nearly 4 months today will be 4 days since this issue began I came home early from work Mon. and was on the phone with countless people trying to get my state id's to open a business all of a sudden there was 2 swift kicks at my door I looked out the peep hole and was a guy, finished my phone call opened the door and he was gone knew it was a kick case a did see the bottom left side of the door gave some. which startled me a bit. luckily I keep my door locked. didn't think much of it at the time. Second time was Tues. me and my fiance was sitting on the couch watching TV and the door knob started to jiggle again I keep my door locked so I opened it leaving a small crack in the door and him but enough to get a better look at him. He said someone called his name from up here I said no sorry dude no one here said anything about is name which I still don't know his name???. Wend. right after my soon to be wife left I sat back down on the couch and the same thing happened door knob jiggles I opened the door same as always same guy go figure so I asked what do you want he said that people where talking to him from up here I told him no and that this is the 3rd time this has happened with him and he said so, so I said with stern but calm voice no body is talking about you and leave me alone. well I go to bed and I hear my door guess who??? actually this time It was the Fire Dept. and they asked me if I called them I was like no I was sleeping they said ok then left soon as I went back to bed they came knocking again and guess who was with them this time that's right the unnamed guy told them that he's basically been bothering me now I consider this harassment my almost wife doesn't want to be by herself which I can't blame her but was wondering what I should do can't go to the police don't know a name but think its the guy that lives below me son but again not sure. not sure about law enforcement in other states but here in Ky if its private property they wont come unless its a break-in murder or domestic disturbance anybody got any suggestions??? thanks oh and about a month prior to all this for like 3 day at the same time there was beating in the apt like someone was taking a sledgehammer to the whole apt and ceiling but being a newbie tenant I didn't say nothing or the time when it happened I saw someone downstairs over the balcony with a baseball bat just standing there like he was waiting for something to hit.what once started out as a quiet place is starting to be just down right hell sorry for the rant

 

[army judge]

been living in my apt for nearly 4 months today will be 4 days since this issue began I came home early from work Mon. and was on the phone with countless people trying to get my state id's to open a business all of a sudden there was 2 swift kicks at my door I looked out the peep hole and was a guy, finished my phone call opened the door and he was gone knew it was a kick case a did see the bottom left side of the door gave some. which startled me a bit. luckily I keep my door locked. didn't think much of it at the time. Second time was Tues. me and my fiance was sitting on the couch watching TV and the door knob started to jiggle again I keep my door locked so I opened it leaving a small crack in the door and him but enough to get a better look at him. He said someone called his name from up here I said no sorry dude no one here said anything about is name which I still don't know his name???. Wend. right after my soon to be wife left I sat back down on the couch and the same thing happened door knob jiggles I opened the door same as always same guy go figure so I asked what do you want he said that people where talking to him from up here I told him no and that this is the 3rd time this has happened with him and he said so, so I said with stern but calm voice no body is talking about you and leave me alone. well I go to bed and I hear my door guess who??? actually this time It was the Fire Dept. and they asked me if I called them I was like no I was sleeping they said ok then left soon as I went back to bed they came knocking again and guess who was with them this time that's right the unnamed guy told them that he's basically been bothering me now I consider this harassment my almost wife doesn't want to be by herself which I can't blame her but was wondering what I should do can't go to the police don't know a name but think its the guy that lives below me son but again not sure. not sure about law enforcement in other states but here in Ky if its private property they wont come unless its a break-in murder or domestic disturbance anybody got any suggestions??? thanks oh and about a month prior to all this for like 3 day at the same time there was beating in the apt like someone was taking a sledgehammer to the whole apt and ceiling but being a newbie tenant I didn't say nothing or the time when it happened I saw someone downstairs over the balcony with a baseball bat just standing there like he was waiting for something to hit.what once started out as a quiet place is starting to be just down right hell sorry for the rant

Simple solution to your problem.

Report the incidents to your landlord or building manager.

Ask him/her to fix the problem, so you can peacefully enjoy your home.

Document everything, and point them in the direction of the guy you suspect to be the troublemaker.

The next time he beats on the door, report it to 911 as someone trying to break into your home.

When the cops arrive, send them to see Mr. Kickers.