I am currently experiencing a nightmarish situation at my apartment complex. I moved here over 3 months ago. I quickly became acquainted with the gentleman across the hall from me who insists on keeping his door wide open, blaring loud music, singing, screaming, whistling and basically making every type of noise you can think of. In addition he also goes out into the parking lot and fights with other residents and "visitors". The man is mentally unstable. I have notified the apartment complex, as well as the local sheriff's department, to no avail. As a last resort, I am considering putting my rent into escrow until this is resolved. I just need to know how long the process is, how this works, and if there are additional damages that I can pursue against either the other tenant or the landlord.
Have you asked the landlord if you can switch apartments? Document the problem in a letter to the landlord that you send by FedEx so you have proof of delivery. You contacted the sheriff, but have you filed a nuisance complaint? Check your local court web site for the process to deposit your rent into escrow. The court will then schedule a hearing in a couple weeks, and the landlord will have to appear and explain what is being done. Take a copy of the letter you sent to landlord and the nuisance complaint you filed with the sheriff. The court will then decide if it is landlord's responsibility. Check with a local real estate attorney that you can find here on Avvo at the Find a Lawyer tab for assistance.
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You must be sure not to miss a rent payment while dealing with all this or you can be evicted despite your issues. You can pay your rent into the municipal court until a hearing is set to deal with this situation. There is a person at Franklin County Municipal Court who handles these actions, so you should go to court and see about setting up your rent escrow. I agree with the previous attorney that you should try to arrange for another unit if possible.
You can't escrow rent based on a problem with another tenant you have to show that the landlord is violating the lease or not complying with his statutory duties. The Franklin Municipal Court will have a form for rent escrow if you have a reason. You have to pay your rent in full and you have to be current in your rent. The landlord cannot evict you for escrowing rent but the court might give him the rent. There is a small fee that the court collects but it is usually paid by the landlord-- not always though.
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