Once more into the breech, dear friends

[tired_of_debt]

Sorry about being so poetic at a time like this

Okay, folks, so here goes:

I have another place to live in Indiana and I am currently in Illinois. In order to take the place in Indiana, I have to move now instead of when my lease is up and though I was planning on trying to stay in Illinois until my kids get out of school, that would mean double rent and STILL breaking my lease (not up until October). So...I have been ruminating on my options for the past few weeks. I desperately want out of here before the furnace blows and we have another tornado-like storm to cause more damage. I contacted my lawyer today to ask about my options. I did not include my current landlord in my BK, but he is going to open my case, file some sort of petition with the court so they cannot come after me legally and I am escaping to my former home in Indiana on April 7. Means packing, cleaning and a period of adjustment for my girls, but it also means that I will be saving myself 800 bucks a month from now until June when I intended to move (not to mention the utilities) and save myself 3200 for possible lawsuit. He said it was a matter of course...that I did not have to go to court and for that lovely benefit it will cost me 400 dollars. Sounds like a winning proposition to me. Hate to do it, but don't see a way out.

Thanks for listening.

[SinkingFast]

We're in the same boat you are, Tired. Our Landlord has made things rather unbearable, and she's threatening to sue us and/or probably evict us because we won't pay the $250 sewer line cleaning bill. She believes we stopped up the pipes and has demanded payment. There was a problem here before we ever moved in and we think it's just now getting worked out.

The attny said he'd hold this note of threat and told us to break our lease and leave ASAP. Just be here in filing day so this is the rent reported in our BK petition. Then move right after that. The attny will ammend our petition to include the Landlord and her $250 bill and the unused rent portions. He doubts we'll see our security deposit back, but feels it's in our best interest to move ASAP. He said the longer we're here, with a ticking time bomb in the sewer lines, the more likely we'll experience another back up. The Landlord has made it quite clear if there's another back up, we are to call and get it fixed ourselves.

Excuse me, but maintenance of the mechanicals is the responsibility of the Landlord. Unless the tenant abuses the property. Which she would have to prove abuse. This is a he said/she said case that would probably go Small Claims. Our attny said it would come down to who the Judge believed in Court on the day the case is heard. The attny said our chances were 50/50 of winning or loosing.

[tired_of_debt]

I have read about some of your landlord nightmares. My landlord was not so bad as the issues with the house...and I was originally doing a lease purchase. Just long enough to know I would never want to buy this house. I am going to leave it neat and tidy, but I am going to leave it. If I had dealt with landlord issues like yours, I probably would have left long before now, but I had a heck of a time finding THIS place when we moved here and there were not a lot of places in Indiana that had 3 BR and would take pets. I had to pay extra for the pets, but so be it.