Evicted!

[warangelcometh]

I am a resident in an apartment complex in johnson county. As everyone know we had a pretty good snowfall yesterday morning. When the snow stopped I got out and shoveled my walkway, then started calling the property manager, maintenece, and finally corporate office to find out when i could expect our parking lot to be plowed. This all happened around 2pm. Lastnight the property manager called me and told me he knows I called corporate, and he would not be excepting my rent at the first of the month and I would be evicted. I still have 2 months on my contract and have never been late on rent in three years, nor broke my lease in any other way. My girlfriend who works in the health field could not get out of her parking spot and had to call into work lastnight and by doing so lost her holiday pay for the night before. I dont see how he could legally do this. Im just asking for advice and my rights in this situation. all input will be appreciated thank you.

I would definitely be calling Corporate again. If this manager is the D...bag he sounds like then he's going to try and bully you out of the apartment. Be prepared and be wise on how you handle his continued threats and actions. Document- document- document.
A question that comes to mind is : Does this punk have keys to your place? If so, get a cheap video surv set up.
Good luck with all of this- Who knows, Corporate might do the right thing and can his a-- and offer you the manager job

 

[daddymikey1975]

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.

Without knowing the details of the lease, it's hard to say for sure. Most of the leases that I've seen automatically revert to a month to month term after the initial term expires absent a notice by either party to not renew. If the tenant holds over, then it is implied (per the lease agreement) that the tenant wishes to continue on a month to month term. If the landlord wishes to cease renewals, he must give notice (if the term is extended by a month each time the tenant pays rent)

In addition, once the initial term reaches expiration, it may be the tenants wishes to hold over (creating a monthly term) but the landlord (idiot?) might not want to keep them. If his intentions are to not allow the monthly term renewal, he must notify the tenant of his intentions to not renew.

A contract only exists between 2 parties when they both agree to terms. It is certainly the landlord's option to reach a point of disagreement. If he/she reaches that point, he better send notice. (again, within the terms of indiana law and the lease agreement)

Just my

 

[fniman]

You might also think about letting the other members here know which complex it is. Then not only will they lose your business but they won't get any from the rest of us.

 

[maxmayhem]

you own the property rights to that home ...i would send him the check and tell him to **** off and call corporate again while asking for his statement of demand to vacate in writing to help sue him later

I am a resident in an apartment complex in johnson county. As everyone know we had a pretty good snowfall yesterday morning. When the snow stopped I got out and shoveled my walkway, then started calling the property manager, maintenece, and finally corporate office to find out when i could expect our parking lot to be plowed. This all happened around 2pm. Lastnight the property manager called me and told me he knows I called corporate, and he would not be excepting my rent at the first of the month and I would be evicted. I still have 2 months on my contract and have never been late on rent in three years, nor broke my lease in any other way. My girlfriend who works in the health field could not get out of her parking spot and had to call into work lastnight and by doing so lost her holiday pay for the night before. I dont see how he could legally do this. Im just asking for advice and my rights in this situation. all input will be appreciated thank you.

 

[92ThoStro]

While the manager sounds ridiculous, there really shouldn't have been a complaint about the snow plowing. If the OP's wife needed to get to work, she could have. It was not iced, it was just wet heavy snow, if you dig the tires out, the car will move just fine, I was able to drive back home from work after the snow before the plowing began, just went slow. The only problem I had was getting into the garage, there was a 3'-4' drift, and I just had to kick tire paths in it, and I got into the garage. They usually plow after it stops heavily snowing. No reason to pay for the service twice in one day.

 

[Bapak2ja]

Seems like somebody thinks they are special. Snowstorms are common Indiana experiences. Shoveling snow is great exercise. Dig the car out instead of going to the gym or hitting the treadmill.

Calling corporate that fast suggests a spoiled child needs to become a man and take care of his woman instead of blaming the management.

I would have been angry, too, if I was that manager. The spoiled brat deserves a good spanking.

OP screwed up calling corporate like that. His move to fix it. I suggest the brat apologize to the manager for going ballistic (calling corporate so fast) over something the brat should have managed on his own. Manager will probably respond in kind and peace will be re-established. Thus, no need for eviction, recordings, attorneys, certified mail, or any of that other overkill retaliation.

Man up, OP, and take responsibility for screwing the pooch on this one.

 

[88GT]

Without knowing the details of the lease, it's hard to say for sure. Most of the leases that I've seen automatically revert to a month to month term after the initial term expires absent a notice by either party to not renew. If the tenant holds over, then it is implied (per the lease agreement) that the tenant wishes to continue on a month to month term. If the landlord wishes to cease renewals, he must give notice (if the term is extended by a month each time the tenant pays rent)

In addition, once the initial term reaches expiration, it may be the tenants wishes to hold over (creating a monthly term) but the landlord (idiot?) might not want to keep them. If his intentions are to not allow the monthly term renewal, he must notify the tenant of his intentions to not renew.

A contract only exists between 2 parties when they both agree to terms. It is certainly the landlord's option to reach a point of disagreement. If he/she reaches that point, he better send notice. (again, within the terms of indiana law and the lease agreement)

Just my

Yes, a holdover month-to-month becomes the tenancy after the termination date, but the landlord is not required to give any notice prior to the termination date. And certainly not one of a particular time frame.

If he wants the tenant out at the termination date, it does need to be conveyed to the tenant, who might otherwise remain in the holdover period. But there is no required notice to be given until AFTER the termination date.

Holdover =/= automatic month-to-month status.

 

[avboiler11]

Seems like somebody thinks they are special. Snowstorms are common Indiana experiences. Shoveling snow is great exercise. Dig the car out instead of going to the gym or hitting the treadmill.

Calling corporate that fast suggests a spoiled child needs to become a man and take care of his woman instead of blaming the management.

I would have been angry, too, if I was that manager. The spoiled brat deserves a good spanking.

OP screwed up calling corporate like that. His move to fix it. I suggest the brat apologize to the manager for going ballistic (calling corporate so fast) over something the brat should have managed on his own. Manager will probably respond in kind and peace will be re-established. Thus, no need for eviction, recordings, attorneys, certified mail, or any of that other overkill retaliation.

Man up, OP, and take responsibility for screwing the pooch on this one.

Holy ad hominim batman...did you even read the original post?

Dude called to ask when the parking lot would be plowed...after shoveling his own walkway. Do you have any idea how physically demanding and time-consuming it would be to shovel a path by hand from a parking spot to a public street?

Have you ever dug out a buried car, let alone tried to drive in an unplowed apartment parking lot? I have, and depending on how much snow there is it can be rather unsafe to f'in impassable without 4WD. My wife's Camry, my old Maxima, and my wife's old Saturn all have gotten stuck in apartment complex lots after being dug out of their spot. Hell, for a while I kept a shovel in the trunk of my Maxima for just such an occasion. A single pass from a pickup with a plow and movement in and out of the lot becomes a thousand times easier.

How difficult would it have been for ANYBODY along the way of those phone calls to simply tell the OP "We'll get to it when it stops snowing" or "They'll be here in a few hours"?

Threatening him with eviction for going up the foodchain to get an answer is at best a crappy business practice, and at worst an empty threat of an angry person who got spanked by their boss for not doing their job.

 

[88GT]

you own the property rights to that home ...i would send him the check and tell him to **** off and call corporate again while asking for his statement of demand to vacate in writing to help sue him later

For the thousandth time, tenants do not have ownership rights, they have possessory rights. They cannot do anything with the property other than reside there under the terms of the lease. Of all the sticks in the bundle of property rights that come with fee simple ownership, tenants have only ONE.

Why is this so hard to understand?

 

[Bapak2ja]

Holy ad hominim batman...did you even read the original post?

Dude called to ask when the parking lot would be plowed...after shoveling his own walkway. Do you have any idea how physically demanding and time-consuming it would be to shovel a path by hand from a parking spot to a public street?

Have you ever dug out a buried car, let alone tried to drive in an unplowed apartment parking lot? I have, and depending on how much snow there is it can be rather unsafe to f'in impassable without 4WD. My wife's Camry, my old Maxima, and my wife's old Saturn all have gotten stuck in apartment complex lots after being dug out of their spot. Hell, for a while I kept a shovel in the trunk of my Maxima for just such an occasion. A single pass from a pickup with a plow and movement in and out of the lot becomes a thousand times easier.

How difficult would it have been for ANYBODY along the way of those phone calls to simply tell the OP "We'll get to it when it stops snowing" or "They'll be here in a few hours"?

Threatening him with eviction for going up the foodchain to get an answer is at best a crappy business practice, and at worst an empty threat of an angry person who got spanked by their boss for not doing their job.

Cleared a path through many a parking lot. Just a matter of doing what needed to be done. Sure it is easier to get the snow plow to do it, but as one of the earlier posters said, the storm was still rocking and far from over. No plow boy was going to go out in the middle of the storm to do what would have to be done again in a few hours. Did you not read the entire thread?

Grief man, I am 60 years of age and I can get my wife to work without calling the neighbors or the community association to complain that the plow has not cleared the street halfway through the storm. I stand by my comments. The kid should have taken care of business instead calling corporate. JMHO, though, which matters to no one.

 

[femurphy77]

I too work in healthcare and about blew milk out of my nose on the statement your gf couldn't get to work and missed a day of holiday pay. I live 35 minutes from my employer on a warm, sunny day and I and several others were able to get into work, jump in the company suburbans and chauffer spoiled employees back and forth because they "couldn't get out of their parking spot".

Man up, you created the problem with the super so don't come on here whining about it, as a co-coworker told me the other day, sometimes you have to play the cards you're dealt.

3 hours sleep in the past 36 hours dealing with snow and whiners that couldn't make it in from 5 blocks away tends to take away what little tact I possess.

 

[Bapak2ja]

I too work in healthcare and about blew milk out of my nose on the statement your gf couldn't get to work and missed a day of holiday pay. I live 35 minutes from my employer on a warm, sunny day and I and several others were able to get into work, jump in the company suburbans and chauffer spoiled employees back and forth because they "couldn't get out of their parking spot".

Man up, you created the problem with the super so don't come on here whining about it, as a co-coworker told me the other day, sometimes you have to play the cards you're dealt.

3 hours sleep in the past 36 hours dealing with snow and whiners that couldn't make it in from 5 blocks away tends to take away what little tact I possess.

 

[Solitaire]

I hope the OP never buys a house. It will suck not having someone to blame when the driveway is covered in snow.

 

[Bapak2ja]

I hope the OP never buys a house. It will suck not having someone to blame when the driveway is covered in snow.

:

 

[Liberty1911]

The OP waits until it stops snowing, shovels out his own walkway, then calls management to find out when the parking lot will be plowed.

Then he gets responses telling him to "quit whining and shovel out the parking lot himself", "don't ever buy a house, whiner", "man up and take care of your woman".

LOL. Either reading comprehension or empathy isn't everyone's strong suit.

 

[actaeon277]

How about this? Sometimes when its called a blizzard, you might be late, or miss work. Mother Nature laughs.

 

[Lex Concord]

It could have been worse...they could have plowed you into the carport...I lived in an apartment (in Greenwood...hmmmm) back in the mid-90s...came home to find that my wife's car had a 2-foot pile of snow behind her car...packed down solid...it took for freaking ever to get her out...she worked in healthcare too...

 

[HavokCycle]

you rent an apt assuming the property - dwelling and adjacent - will be taken care of. this includes maintenance, repairs, lawn care, AND snow removal.

FFS its a damn liability to leave even a SPECK of snow for someone to slip on
JFC put your snow shovels back in your pants, the dude pays someone and has an expectation for **** to be taken care of, HOW DARE HE

 

[OAK]

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.

Seems like somebody thinks they are special. Snowstorms are common Indiana experiences. Shoveling snow is great exercise. Dig the car out instead of going to the gym or hitting the treadmill.

Calling corporate that fast suggests a spoiled child needs to become a man and take care of his woman instead of blaming the management.

I would have been angry, too, if I was that manager. The spoiled brat deserves a good spanking.

OP screwed up calling corporate like that. His move to fix it. I suggest the brat apologize to the manager for going ballistic (calling corporate so fast) over something the brat should have managed on his own. Manager will probably respond in kind and peace will be re-established. Thus, no need for eviction, recordings, attorneys, certified mail, or any of that other overkill retaliation.

Man up, OP, and take responsibility for screwing the pooch on this one.

I hope the OP never buys a house. It will suck not having someone to blame when the driveway is covered in snow.

Maybe all you that replied to the OP should remember to not vent on this forum... I'll link you back to this!

1. You don't know how much drive that needs to be plowed or SHOVELED some apartment complexes are brick/concrete jungles. Multiple roads off of other multiple roads.

2. The guy lives in an APARTMENT! Not a house where is he to store all this snow removal equipment? He could live in a STUDIO! WHO KNOW?!?

3. The OP probably pays more in RENT then most with a MORTGAGE! Let his POS property manager take care of it... THATS WHAT HE GETS PAID TO DO! That or the OPs rent should be lowered during the winter months!

4. Who knows what his wife drives? For as much as we know its a corvette.. WHO KNOW?!?


HE MAY SOUND LIKE A SPOILED KID TO YOU BUT YOU ALL SOUND LIKE A BUNCH OF GRUMPY A** OLD MEN TO ME!!!

That is all! Drive Safely!

 

[femurphy77]

Maybe all you that replied to the OP should remember to not vent on this forum... I'll link you back to this!

1. You don't know how much drive that needs to be plowed or SHOVELED some apartment complexes are brick/concrete jungles. Multiple roads off of other multiple roads.

2. The guy lives in an APARTMENT! Not a house where is he to store all this snow removal equipment? He could live in a STUDIO! WHO KNOW?!?

3. The OP probably pays more in RENT then most with a MORTGAGE! Let his POS property manager take care of it... THATS WHAT HE GETS PAID TO DO! That or the OPs rent should be lowered during the winter months!

4. Who knows what his wife drives? For as much as we know its a corvette.. WHO KNOW?!?


HE MAY SOUND LIKE A SPOILED KID TO YOU BUT YOU ALL SOUND LIKE A BUNCH OF GRUMPY A** OLD MEN TO ME!!!

That is all! Drive Safely!

His wifes corvette was in the heated garage, he is talking about his girlfriends apartment. He couldn't afford to get her the apartment with a carport. I sure hope his girlfriend doesn't find out that his wifes didn't have any trouble getting to work.

And no we aren't grumpy ass old men, we just don't wait around for "somebody gos to take care of mah babies". We take care of our own.