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

[heffe3434]

Wow!! I read the contract three times. Every time that I read it, I read it that you can not posses a weapon. I have also read every post in this thread and we all read it differently. I hate that this happened to your son, but I don't know if a law suit will win anything for you.

 

[4sarge]

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.

FYI in over 20 years of adjusting claims I have never seen that language in a lease before. Maybe thats because I never worked much in the Peoples Republic of Bloomington.

Sorry for your loss but don't push it you will only lose more.

Steak Knife, Butter Knife, Butcher Knife, Where does One Draw the Line

 

[xmas_asn]

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"

You sir are a good man!

 

[longbow]

Wow!! I read the contract three times. Every time that I read it, I read it that you can not posses a weapon. I have also read every post in this thread and we all read it differently. I hate that this happened to your son, but I don't know if a law suit will win anything for you.

Read the whole part, as long as he doesn't threaten or do stupid stuff, it is not an issue.

During a normal inspection, A limp wristed maintenance person saw a gun case, opened it up, saw what is was and went running to the office. The limp wristed maintenanace person also saw a "clip" for the gun.

 

[shootinghoosier]

I would ask my son to do a complete inventory of all his possessions that he had in his apartment. It wouldn't surprise me if something valuable came up missing from an illegal search.

 

[Kutnupe14]

I'm betting there's more to this story. An evicting letter isn't sent on the whim of a property manager... well not typically. If I were a betting man, I'd say that a lawyer was probably consulted beforehand.

 

[IndianaGTI]

Wow!! I read the contract three times. Every time that I read it, I read it that you can not posses a weapon. I have also read every post in this thread and we all read it differently. I hate that this happened to your son, but I don't know if a law suit will win anything for you.

Where does it say that? I have read it too. I saw where it says that you "may not possess a gun, knife or other weapon in a manner that may threaten or alarm others" but I have not seen where it says that you cannot possess a weapon. Maybe I am having trouble reading.

I am still wondering Longbow. I commented several times wondering if he had the rifle out. You made it sound as if it was always locked in the closet. If he had it out where other people could see it, the landlord may well be within his rights. I do not agree with this lease provision, but your son apparently agreed to it.

I lived in Bloomington for 9 years. When I rented a place, I changed the lease provisions each time. If there was a provision that I disagreed with, I requested that it be changed. I never had a single landlord disagree about changing an unreasonable term.

Have you seen the Human Centipede episode of South Park??? Read the contract.

 

[navarre1095]

So do they go through your underwear drawers looking for handguns?
You're not missing any guns are you?

 

[nk1124]

Bradford place is the place that rents rooms and pairs you up with roommates if you dont bring your own right? It may not necessarily have been someone who saw something through the window but his own roommates? Of the half dozen places I have lived in bloomington over the last few years the only one that had any clauses about weapons is where I am currently. They told me my LTCH was the first one they had ever seen and after seeing it they were fine with me having whatever I wanted there.

 

[longbow]

Nope, secured in a case, zippered up, behind some stuff in a walk in closet.

They had to go snooping around. No one else was aware it was in the closet. It was the inspection people that saw it and ran to the office and said OMG........

 

[longbow]

So do they go through your underwear drawers looking for handguns?
You're not missing any guns are you?

Yes they went through the drawers .....

 

[KG1]

Read the whole part, as long as he doesn't threaten or do stupid stuff, it is not an issue.

During a normal inspection, A limp wristed maintenance person saw a gun case, opened it up, saw what is was and went running to the office. The limp wristed maintenanace person also saw a "clip" for the gun.

Well I guess they could be hanging their hat on the part about "alarming" someone. The part about the maintence man doing a routine inspection, opened the case and saw the firearm and the clip, and aparently he was "alarmed" about it and went running to report it to the office The question is, Was it proper or even legal for the maintenance guy to open the gun case and go rummaging thru the tennants belongings?

 

[Roadie]

I replied to a couple posts on the Apt Facebook page, by who I assume was your son, and they deleted the posts, and unfriended me, lol.

 

[Roadie]

I'm betting there's more to this story. An evicting letter isn't sent on the whim of a property manager... well not typically. If I were a betting man, I'd say that a lawyer was probably consulted beforehand.

My experience from working in Leasing years ago, is that sometimes Landlords send letters in hopes that a Resident leaves, THEN consults their attorney if the Resident does not.

 

[goinggreyfast]

I replied to a couple posts on the Apt Facebook page, by who I assume was your son, and they deleted the posts, and unfriended me, lol.

Here's that FB website. I'm thinking over the next couple of days that maybe all of us who are on Facebook follow Roadie's lead???

www.facebook.com/BradfordPlaceApts?sk=wall

 

[Roadie]

Hmmm, wonder if this is of any use..

IC 32-31-5-6

(g) A landlord:
(1) shall not abuse the right of entry or use a right of entry to harass a tenant;
(2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit; and
(3) may enter a tenant's dwelling unit only at reasonable times.
----

Seems like the right of entry was abused, and I dont think, from what I read, private property meets the legal definition of "the dwelling" as regards to inspection.

 

[Kutnupe14]

Hmmm, wonder if this is of any use..

IC 32-31-5-6

(g) A landlord:
(1) shall not abuse the right of entry or use a right of entry to harass a tenant;
(2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit; and
(3) may enter a tenant's dwelling unit only at reasonable times.
----

Seems like the right of entry was abused, and I dont think, from what I read, private property meets the legal definition of "the dwelling" as regards to inspection.

Ding, that's where I'd start... housing and development are big on that one

 

[SirRealism]

Based on their tendency to go through other people's possessions, I think I'd install a cheap security camera with audio for the duration.

 

[kludge]

Well... the gun did alarm someone.

 

[hooky]

I just stuck this on their facebook wall.

Bradford place apartments allegedly has a policy that allows their maintenance people to go through the personal belongings of their tenants during routine inspections. I'm aware of a pending eviction as a result of this alleged practice. Is this true?

I wonder if I'll get an answer or if they'll delete it and have their counsel send me a letter?

There's also a blog associated with their website which allows comments.
http://blog.smartstudentliving.com/index.php/2011/05/