Evicted for owning an AR-15 at Bradford Place apartments.

[singlestacksig]

"possess a gun, knife, or other weapon that ....." -
that is the ban line.. I suppose a court would have to rule on how to read the commas.. but get a lawyer , I think the snooping in the personal stuff was a crime Vs. the contract item of the weapon..

 

[MrsGungho]

"possess a gun, knife, or other weapon that ....." -In a way that may threaten or alarm others
that is the ban line.. I suppose a court would have to rule on how to read the commas.. but get a lawyer , I think the snooping in the personal stuff was a crime Vs. the contract item of the weapon..

In red is the key. In a case in a locked room does not threaten or alarm others, unless it was his roommates and they reported it. Which I believe was not the case.

 

[Hoosier8]

so the lease does ban weapons.. the question is, can you give up a constitutional right ?
would the same lease stand up in court if it banned jewish prayer ?

It says "in a way that may threaten or alarm others", which is not the case.

Also it says they may enter for reasonable business reasons or with an officer with a search warrant. They entered and did an unreasonable search of personal items without a warrant or an officer present and found a legal item, not being used in a way that may threaten or alarm others.

 

[Mad Anthony Wayne]

This is crap, get a lawyer! This actually angers me. I agree that the contract says "...in a way that is threatening..." My common sense tells me that in a gun case in the closet is not very threatening. They're just a bunch of nip ****s. I didn't read the contract completely, but were they breaking the contract by digging through personal bags and cases with no probable cause to do so? There has to be a limit to a landlords powers...that had to cross the line. I hope you get an attorney just to fight these SOB's, keep us posted!

 

[IndianaGTI]

AGAIN, the lease bans possession in a manner that may threaten or alarm others.

I doubt anyone has complained that someone owned a razor. Someone may have complained that they saw their neighbor on the back balcony with a black rifle.

I believe the important question here is whether anyone felt threatened or alarmed.

If no one knew he had it before the search, then it is hard to argue that locked in a closet was a manner that may threaten or alarm.

If they were searching for the rifle in response to a complaint, they may have been within their contractual rights.

 

[singlestacksig]

In red is the key. In a case in a locked room does not threaten or alarm others, unless it was his roommates and they reported it. Which I believe was not the case.

there is ambiguity in the list.
It could be read as
possess a (gun), <or> (knife), or other weapon that theatens ..

OR

Possess a ( gun, knife, or other weapon ) that theatens..

if read the first way it out right bans guns..

 

[longbow]

In red is the key. In a case in a locked room does not threaten or alarm others, unless it was his roommates and they reported it. Which I believe was not the case.

We have a winner! And the objects were found during a routine inspection that went too far....

You all keep posting....I have a meeting with a lawyer in Indy on Monday.

Also, links to any other gun sites for this thread would be appreciated. I'm just going to let you all do as you see fit with the information I have provided. People need to know about anti-gun companies. I trust you will do your part.

I'd love to see this as a fire mission on AR-15 in the GD

 

[88GT]

"possess a gun, knife, or other weapon that ....." -
that is the ban line.. I suppose a court would have to rule on how to read the commas.. but get a lawyer , I think the snooping in the personal stuff was a crime Vs. the contract item of the weapon..

Even if this is true, the ambiguity of the lease language itself will likely hang them. Indiana landlord-tenant law is very fair without given too much benefit to one party or the other where the written code is concerned. But in issues of interpretation or ambiguity in contract terms/language, the courts usually side with the tenant on the assumption that the landlord/landlord's agent is responsible for the language and if he can't make it clear enough for enforcement without question, that's his problem.

 

[IndianaGTI]

there is ambiguity in the list.
It could be read as
possess a (gun), <or> (knife), or other weapon that theatens ..

OR

Possess a ( gun, knife, or other weapon ) that theatens..

if read the first way it out right bans guns..

Naw, go read the lease agreement. It doesn't say "or other weapon that threatens". It says possess a gun, knife, or other weapon in a manner that may threaten or alarm. Pretty clear to me. Can't possess any in a manner that may threaten or alarm.

My questions is still whether the tenant had taken the rifle out of the case or not. Not that this should threaten or alarm. However, the landlord will be able to argue that the tenant possessed the rifle in a manner that alarmed other tenants.

 

[CarmelHP]

I sincerely believe the apartment complex' search ie opening the gun case was illegal.
However the lease agreement states the renter can not owe or posess a gun or knife. You can agree to anything in a contract so long as it is not in violation of the law. Therefore you need to find a new place to stay.

You read a different lease than I did.

 

[Bigum1969]

Wow....

 

[PatriotPride]

Attorney now.

This. As fast as possible.

 

[SideArmed]

Damn it all longbow, sorry to hear you are still dealing with this. I am in the camp of lawyering up, but sounds like you are doing that already.

I am still in the area if your son needs help moving and what not.

 

[japartridge]

We have a winner! And the objects were found during a routine inspection that went too far....

You all keep posting....I have a meeting with a lawyer in Indy on Monday.

Also, links to any other gun sites for this thread would be appreciated. I'm just going to let you all do as you see fit with the information I have provided. People need to know about anti-gun companies. I trust you will do your part.

I'd love to see this as a fire mission on AR-15 in the GD

Longbow, already posted on Facebook, working on a few others, as well as planning on organizing an event. also will be emailing governor, state reps, and senator.

 

[lashicoN]

Wow, that's BS. I sent an e-mail to all four, but rclarck failed to deliver. I'll post any replies I get, but I doubt they'll send one.

"Hello, I've recently learned that your Apartment company has evicted the son of a member of INGO (Indiana Gun Owners - a Hoosier-based forum with over 15,000 members who are Active Citizens, Police Officers, Lawyers, Judges, Medics, Teachers, and all other sorts of occupations. What we all have in common is our pleasure in firearm-based activities and our passion for our natural born right of self defense. Every member of INGO believes that we truly have the right to defend our precious lives with the most convenient and effective tool of defense: a firearm.

My sister and her fiancé are shopping around apartments for college in the fall. I'm making a special note to tell them to avoid any apartment owned by Peak Campus. Since my future brother-in-law carries a handgun to defend himself and my sister (thankfully), I know they wouldn't be welcome to give you money (what a business model, by the way, ban all of your customers. HA!) because they dared to own a tool.

I also wanted to tell you I think it's a bad policy to make up rules as you go, so you can throw someone out for owning a tool that you didn't specifically ban on the contract. You only state it can't be used in a threatening manner. Locked in a closet is not threatening. If you want to banish something from your property (like a pompous Emperor) that's your business, but you should at least make a clear list of "Banished Tools" in the contract. That's just a terrible way to run a business and I truly, honestly feel pity for you guys for the irrational fear of a tool, locked away in a closet. Are you also afraid of the other handy emergency response tool: the fire extinguisher? I really hope my fellow member and his son decide to sue your company, and I hope they set up an INGO donation fund. I know myself and a few of those 15,000 plus members wouldn't mind throwing a couple bucks in.



Disrespectfully,

The Guy Who Will Be Telling Everyone to Avoid Peak Campus Apartments"

 

[RockofStrength]

--SNIP--


Disrespectfully,

The Guy Who Will Be Telling Everyone to Avoid Peak Campus Apartments"

repped. Awesome

 

[Hammerhead]

It's sounded fishy that the person inspecting the apartment was rummaging through your son's property.

Don't move him out yet, don't move the EBR, don't contact them or allow them to contact you. If they try to come and "inspect" again, make sure your son has a lock on the box or make sure that it's chained and locked tightly. Talk to your lawyer before you do anything to make it seem as if you're complying.

IANAL, and this is just my two pennies.

 

[longbow]

Keep spreading the word!

 

[cbseniour]

REversal of opinion

I stated earlier in a response to this post that the least says you can't possess weapons. What is actually says in possess weapons in a threatening way. A rifle stored in a gun case in a locked room is hardly being possessed or displayed in a threatening way.
I would say move out immediately but get a lawyer and sue there a** off for improperly termination of your lease and what ever else he can think of.

When dealing with any lease or other contract remember that the company you are dealing with has better lawyers than you can hire and the lease is written to protect them not you. Read carefully the Hold Harmless clause it may prevent action against the owner or management.

 

[abrumlev]

I've had experience with most renters around here and as far as they go, nothing this bad has occured.

In no particular order I had troubles with Omega Properties wanting us to pay more than our deposit for things not needing to be replaced. A landlord named Tariq Khan tried to tack on several charges throughout the year without notifying us. And the current place I'm living until the Aug of 2012, went back on their word about us having a dog after it was in the lease. I won't mention a name as I'll still be living there.

Lessons learned: Do not trust anyone in this backstabbing liberal town, especially landlords. Be very careful with IUPD and BPD as there are some younger officers who really like to powertrip hard.


Regardless, I do not know anyone who lives at Bradford Place. Until my 14 year old brother finishes college, I know that I won't allow any of my siblings or family friends to live in a place that is violating our rights.