Evicted!

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  • Roadie

    Modus InHiatus
    Rating - 100%
    17   0   0
    Feb 20, 2009
    9,775
    63
    Beech Grove
    Indiana is a "Single Party Recording" state...

    Record your next convo with the Manager.. get him to repeat what he told you..call an attorney
     

    Bunnykid68

    Grandmaster
    Rating - 100%
    22   0   0
    Mar 2, 2010
    23,515
    83
    Cave of Caerbannog
    Did he tell you this verbally or did he send you a written notice? If he just said it verbally I would just ignore him and document everything. Not like he can evict you in just a few days.
     

    Justin Case

    Sharpshooter
    Rating - 0%
    0   0   0
    May 30, 2012
    689
    16
    Brown County
    Make sure you pay your rent on-time for next month even if he says he won't accept it. His threat of not accepting it may be to try to get you not to try and pay it which could give him a reason to evict you. You may need a witness that you attempted to pay it. Or maybe send it certified mail. I don't know the best way to handle this but someone on INGO will.
     

    ryanbr

    Sharpshooter
    Rating - 100%
    5   0   0
    Oct 12, 2008
    550
    18
    Logansport
    I agree that no excuse for not getting girlfriend to work, Im sure someone she works with or you know has 4 wheel drive. Def pay rent on time, make him return check to you and def call corporate. If was me Id be looking to move.
     

    88GT

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 29, 2010
    16,643
    83
    Familyfriendlyville
    No way, too short. Eviction is a LONG LONG process. I had to do it on someone causing damage to the place they were renting.

    Where do you live? I evict in arguably one of the most difficult townships to get an eviction and it takes a matter of weeks. Most of which is just the consequence of having one of the highest small claims court case load volume in the state. I got an emergency eviction in 3 days for documented damaged to the unit. Something isn't right if it's taken you a "LONG LONG" time. You file, you go to court, you get the judgment.

    OP, you need to

    1. Read your lease. Though I am quite certain that the reason given by the manager will not hold up in court, you need to be squeaky clean if it does get to that point.

    2. Call corporate to report the threat.

    3. Make the payment anyway. Find some way to document his refusal, video if possible, audio at a minimum. Go ahead and tell him you're recording. What's he gonna do? He might just wise up. Or he continues to be an ass knowing he's on record. That won't go over well in court.

    Don't mention the exchange where he said he wouldn't accept your payment. No good can come from that. Just keep your trap shut.

    4. Document every interaction, notice, comment, sideways look between you and the manager between now and your move-out date.

    5. Move out at the end of your lease term. Re-read your lease 45 days before the termination date to make sure you follow the move-out procedure to the letter.

    6. Next time be a little patient. The snow hadn't even stopped falling in some places by 2pm and you want the damn lot already cleaned? I'd probably tell you to go sit down and enjoy the view.
     

    dreich

    Plinker
    Rating - 100%
    4   0   0
    Dec 18, 2012
    50
    6
    Anderson area
    If you have 2 months left on lease and have never been late, you are within your legal rights to stay under the rule od tenants rights. They can only evict if you break lease terms. I am not a shark, but am a landlord.
     

    88GT

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 29, 2010
    16,643
    83
    Familyfriendlyville
    If you have 2 months left on lease and have never been late, you are within your legal rights to stay under the rule od tenants rights. They can only evict if you break lease terms. I am not a shark, but am a landlord.

    Wouldn't matter if he's been late or not either.
     

    LeeStreet

    Expert
    Rating - 100%
    2   0   0
    Oct 26, 2009
    1,012
    38
    South of Steuben Co.
    The buck stops with corporate. Why didn't they get the parking lot cleared out? It seems as though they should know who plows the snow, because they should have a contract with the plow company to perform the service.
     

    Tnichols00

    Sharpshooter
    Rating - 100%
    1   0   0
    Nov 24, 2012
    739
    18
    Columbia City
    It seems to me this guy only made threats to you because corp got on his ass.

    I think give him what he has coming for being a D Bag about the situation
     
    Rating - 100%
    8   0   0
    May 6, 2012
    2,152
    48
    Mishawaka
    Send the rent check certified and request return receipt.

    Call Corp again about the threat.

    Any communication between u and him should be in writing and sent certified with return receipt.

    He may opt to not renew your lease. If he chooses this all he must do is send you a 30 day notice to vacate within 30 days of lease expiration for him to be legal.

    As of tight now... this is the best advice. If he refuses the rent and you get the check back, that's the time to call an attorney.

    Start looking for another place to stay if the manager is serious.
     

    Pinchaser

    Shooter
    Rating - 100%
    4   0   0
    Nov 26, 2012
    765
    18
    Your first post was at about 1pm on Thursday. No one with any sense started plowing in the Indy area until after the winds slowed at about 7pm Wednesday evening. You're calling corporate because your street wasn't plowed in 18 hours?

    Given what you have provided, the thing that is most needed is for you to take a dose of maturity. You have acted like a kid. Take responsibility for your conduct.
     

    88GT

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 29, 2010
    16,643
    83
    Familyfriendlyville
    Send the rent check certified and request return receipt.

    Call Corp again about the threat.

    Any communication between u and him should be in writing and sent certified with return receipt.

    He may opt to not renew your lease. If he chooses this all he must do is send you a 30 day notice to vacate within 30 days of lease expiration for him to be legal.

    As of tight now... this is the best advice. If he refuses the rent and you get the check back, that's the time to call an attorney.

    Start looking for another place to stay if the manager is serious.

    Not entirely true. A true termination date is just that. No notice is required by the landlord to the tenant to let the tenant know that the lease will not be renewed. It is terminated by virtue of the fact that the date of termination has come (and gone). That's it. Notice is only required of the tenant in this situation if the lease requires the tenant to provide advance notice of his intent to renew/not renew.

    If the tenant is occupying the residence in a holdover situation (or what is generally referred to as month-to-month status), then state law requires a minimum 30-day notice from either party that the tenancy status will be terminated.

    It probably bears repeating (if it's been said), that simply threatening to evict you is nothing in an of itself legally an eviction. Evictions in Indiana required a court order. So unless the tenant receives a summons to appear, ain't nothing to worry about. (And even then, might be nothing since Indiana law also requires landlords give tenants reasonable opportunity to cure curable defaults, which sort of requires landlords to identify the default that precipitated the eviction process.)

    In short, the property manager is an idiot, but likely just blowing smoke because he got his ass handed to him my corporate. His threat is empty unless and until he can make good with the courts. And IIRC, incorporated entities seeking redress in small claims court require licensed representation. I think the property manager is going to have a hard to time getting that.
     

    Timcor3

    Plinker
    Rating - 0%
    0   0   0
    Nov 26, 2012
    54
    6
    Sure its been said, check the contract over and any literature they offer, most complexes have a on site maintenance agreement on what and when you can expect service. This is included in the monthly rent. It's not unreasonable to ask.
     

    actaeon277

    Grandmaster
    Site Supporter
    Rating - 100%
    4   0   0
    Nov 20, 2011
    95,233
    113
    Merrillville
    Your first post was at about 1pm on Thursday. No one with any sense started plowing in the Indy area until after the winds slowed at about 7pm Wednesday evening. You're calling corporate because your street wasn't plowed in 18 hours?

    Given what you have provided, the thing that is most needed is for you to take a dose of maturity. You have acted like a kid. Take responsibility for your conduct.

    I thought I blizzards, you repeatedly kept working at it, so you didnt have as much trouble digging out.
    Seems to be what they did in "real" blizzards. Couple of decades ago.
     

    Pinchaser

    Shooter
    Rating - 100%
    4   0   0
    Nov 26, 2012
    765
    18
    I thought I blizzards, you repeatedly kept working at it, so you didnt have as much trouble digging out.
    Seems to be what they did in "real" blizzards. Couple of decades ago.

    You thought incorrectly. With the wind that was blowing on Wednesday, anything plowed at noon would have completely filled in again by 2pm. It would have been 100% wasted effort. Also, these apartments do not clear their own streets. They contract the work out. Contractors are not going to run from client to client, over and over, across a 10-hour snow storm, to continually clear something and watch it fill in again.

    The kid in this thread is likely paying for a $400 apartment and expecting $800 service.
     

    rgrimm01

    Master
    Rating - 0%
    0   0   0
    Nov 4, 2011
    2,577
    113
    Sullivan County, IN
    He might be hoping that you heed his words and not pay the rent which might give him grounds for eviction. Call corporate and inquire if you can make other arrangements for payment.
     
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