What does this mean: Deliver the rental premises to a tenant in compliance with the rental agreement?

[tonibraxton]

All aspects of this, I am trying to build a case with the BBB on an apartment complaint I have and according to the Indiana state law a landlord must do this listed above in the question, but the tenant refused to do paragraph 20 of the lease agreement which states that the tenant must not behave in a loud and obnoxious manner and when the tenants behaved in this manner by being loud all hours of the night the landlord failed to do anything so she in turn broke the law right? Then in paragraph 31 of the lease agreement it states that the landlord will act diligently to substantially comply with applicable federal, state, and local laws regarding safety, sanitation, and fair housing. Do we have a good case? In other words we were told that if we were not satisfied with where we live based on the complaints that we would be let out of our lease, the landlord told both my husband and I and now we are accused by her boss of breaking the lease. Advice?

[salvadore94]

The first part of your question, "deliver the rental premises to a tenant in compliance with the rental agreement" means that, as described in the lease, is the apartment you received in agreement? If the lease says two front door keys, did you receive two front door keys? If it says that the unit has carpeting in the living room is there carpet in the living room? If so, then the lease is valid.

The second part of your question, I'm assuming you mean that you rent apartment A from landlord Mr. Joe. Neighbor rents apartment B from landlord Mr. Tom and neighbor B is very loud, right?

Mr. Joe is not required to let you out of your lease, though he may chose to do so out of courtesy. You do, in most places, have the option to break your lease, but be aware that you'll most likely be responsible for the remaining rent on the lease until it's re-rented and any money the owner may lose due to re-renting at a lower rate. Say your rent is $1000 for a 12 month lease that has 8 months left. Therefore, you still owe the landlord $8000 if you break the lease. If it's re-rented before your lease runs out, say in 2 months, you'd be responsible for $2000. However, if the new lease is $800, the owner's out $200 per month. You may be required to pay the additional to cover the owner's loss.

What you can do is find out how to reach Mr. Tom, B's landlord. Better yet, if you live in an apartment building or complex, contact the resident manager or security when the disturbance is happening. They in turn will contact the tenant in B and let them know they're violating house rule X. They may or may not issue a citation or fine. This is usually passed on to the landlord so that they are aware of what their tenant is doing. It is up to Mr. Tom to get rid of the noisy tenant. Complain to security or the resident manager as much as it takes. If it gets too bad, the complex's Board of Directors may get involved and for sure the issue will be brought to Mr. Tom's attention.

[anson34]

Delivering the premises refers to offering the apartment as it is described in the lease. If the lease says it is supposed to include a dishwasher, the apartment must have a dishwasher. It has nothing to do with loud tenants. Excusing loud tenants is not against the law. After all it is possible that the loud tenants you may have heard were not bothering them. But if you had called the cops on the loud tenants showing documented proof that your own enjoyment of the property was being disturbed you might have a case that the landlord was in breach, but you would likely need at least two documented instances and proof that the tenants that were causing the disturbances still remained in the property to not get laughed out of a court room.

Your error was that you defined paragraph 31 differently than what is really implied.

[mohammed47]

They siad let out of your lease, but with what penalty??? No, it doesn't sound that good of case.

Just because everyone is loud doesn't make it right...Other tenants needs to complain.

Letting out and breaking are somewhat the same. Lot of kandlords say they let you out, but ut is breaking lease and they still can collect breaking lease fees.

[erwin]

it means when you give the tenant the keys for them to move in to the apt, make sure it is in compliance with the lease (i.e. clean, no damages, habitable,no infestations, running water, etc.)