Remove your guns from the apartment or you are evicted

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  • ljadayton

    Grandmaster
    Rating - 0%
    0   0   0
    Jul 29, 2008
    7,959
    36
    SW Indy
    My lease says: "Owner or its agent shall have the right to enter the Apartment during all reasonable hours to make inspections, repairs, additions, or alterations as Owner may deem reasonably necessary for the safety, comfort or preservation of the Apartment or the Apartment Community. Owner or its agent shall have the right to enter the Apartment at any time for emergency repairs which Owner deems necessary for the protection of any person, propery or building within the Apartment Community."

    So basically THAT's my notice that they can enter anytime they want
     

    longbow

    Grandmaster
    Rating - 100%
    3   0   0
    Apr 2, 2008
    6,903
    63
    south central IN
    Update.....

    I had a conversation with corporate office and sent a few emails. Seems the corportate is as dumb as the locals.

    FYI

    The lease does not ban guns, but if you do stupid stuff with them, they have the right to tell you to remove them.

    I'm holding of posting the actual words of the lease because they are unique, and don't want to give away the location.....yet!

    The lease allows inspections, but again, does not say they can open your stuff. The inspection clause is not much different than other other leases.........
     

    japartridge

    Master
    Rating - 100%
    2   0   0
    Mar 20, 2011
    2,170
    38
    Bloomington
    Update.....

    I had a conversation with corporate office and sent a few emails. Seems the corportate is as dumb as the locals.

    FYI

    The lease does not ban guns, but if you do stupid stuff with them, they have the right to tell you to remove them.

    I'm holding of posting the actual words of the lease because they are unique, and don't want to give away the location.....yet!

    The lease allows inspections, but again, does not say they can open your stuff. The inspection clause is not much different than other other leases.........

    I hope you have contacted a lawyer! This kind of crap just makes me want to smack the bunnies and unicorns outta the idiots of the world!

    :xmad:
     
    Last edited by a moderator:

    INMIline

    Expert
    Rating - 100%
    11   0   0
    Jan 17, 2009
    1,180
    36
    Indiana/Michigan line
    The first time they grabbed for my bedroom door I would have asked for my deposit back and been on my way. That's BS! An inspection is a quick glance around main rooms to make sure there are no holes in the drywall, you're not dirty and everything is safe for the renter. Not an invasion of privacy
     

    misconfig

    Master
    Rating - 100%
    28   0   1
    Apr 1, 2009
    2,495
    38
    Avon
    The first time they grabbed for my bedroom door I would have asked for my deposit back and been on my way. That's BS! An inspection is a quick glance around main rooms to make sure there are no holes in the drywall, you're not dirty and everything is safe for the renter. Not an invasion of privacy

    I agree with this, I think these inspections are an invasion of privacy in the first place, why not inspect the place when they move out? Or 1 time a year when things are properly scheduled. I realize when people sign leases there is not much that can be done.

    But the second someone goes rooting around in my private property I feel violated, upset and effing ANGRY. What the apartment did was WRONG, let alone telling someone they cannot exercise their constitutional RIGHT by forcing them to remove their guns.

    I'm sorry but they could stick it where the sun don't shine.
     

    Baditude

    Sharpshooter
    Rating - 100%
    1   0   0
    May 2, 2011
    703
    18
    SE Indianapolis
    They had no legal right to inspect his personal property. However, if it were possible to move without early termination fees - I would. Why be around people like that?

    If they gave any grief I would seek legal advice and possibly a law suit for violating my rights - but that costs $$
     

    88GT

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 29, 2010
    16,643
    83
    Familyfriendlyville
    The first time they grabbed for my bedroom door I would have asked for my deposit back and been on my way. That's BS! An inspection is a quick glance around main rooms to make sure there are no holes in the drywall, you're not dirty and everything is safe for the renter. Not an invasion of privacy

    An inspection is whatever I deem necessary to ascertain the condition of the unit in total. Which means I WILL open the door to the bedrooms. In fact, absent a pet being contained in said room (which is all the more reason to check its condition), or an effort to keep children from entering, a closed door is often a sign that the tenant is in violation of something. There's a lot to be said for context, so I don't automatically assume a closed door indicates bad ju-ju. But suffice it to say, I will open it and have a look-see.

    You could ask for the deposit back, but you wouldn't get it. :)
     

    mrortega

    Master
    Rating - 100%
    14   0   0
    Jul 9, 2008
    3,693
    38
    Just west of Evansville
    Landlords have an obligation to protect the health and safety of all tenants. Some things may seem subjective but, for example, if you are storing a 5 gallon can of gasoline in your closet the landlord or his agent can judge that that is a danger to the building and other tenants. You don't have to spell out each possible violation of good sense. In OP's case I think the agent would have a hard time making the case that merely having a gun is cause for eviction.
     

    misconfig

    Master
    Rating - 100%
    28   0   1
    Apr 1, 2009
    2,495
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    Avon
    Landlords have an obligation to protect the health and safety of all tenants. Some things may seem subjective but, for example, if you are storing a 5 gallon can of gasoline in your closet the landlord or his agent can judge that that is a danger to the building and other tenants. You don't have to spell out each possible violation of good sense. In OP's case I think the agent would have a hard time making the case that merely having a gun is cause for eviction.

    I agree with everything you just said.
     

    misconfig

    Master
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    28   0   1
    Apr 1, 2009
    2,495
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    Avon
    An inspection is whatever I deem necessary to ascertain the condition of the unit in total. Which means I WILL open the door to the bedrooms. In fact, absent a pet being contained in said room (which is all the more reason to check its condition), or an effort to keep children from entering, a closed door is often a sign that the tenant is in violation of something. There's a lot to be said for context, so I don't automatically assume a closed door indicates bad ju-ju. But suffice it to say, I will open it and have a look-see.

    You could ask for the deposit back, but you wouldn't get it. :)
    I'd have major problems with this, I don't want some stranger in my bedroom inspection or not. I'd be raising hell if I found out someone came over unannounced without me there. If you want an inspection, schedule it - I will take off of work and let you do your business. My things are MY things and I'm extremely protective of my stuff, for the sole fact that I worked my ass of getting them.

    With that said, a closed door isn't odd - I have a roommate and I NEVER keep my door open. I don't have anything to hide but my privacy. Also, imagine if I were at home sleeping I wake up to some person opening my door, I couldn't guarantee their safety at the point.

    And a quick knock on the door isn't going to wake me up.
     

    tv1217

    N6OTB
    Rating - 100%
    3   0   0
    Mar 11, 2009
    10,295
    77
    Kouts
    If there's nothing in the lease specifically saying no firearms, I'd tell them to have their mouths contact my dangly bits.
     

    MeAndMyXD

    Plinker
    Rating - 0%
    0   0   0
    Apr 22, 2010
    135
    16
    Hammond
    I did'nt read all the posts but I heard the audio and I like when he said that he felt safer with someone with a machine gun as oppsed to someone with a regular gun.
     

    TRWXXA

    Expert
    Rating - 0%
    0   0   0
    Apr 22, 2008
    1,094
    38
    Love the audio!!!:yesway:

    Tell that namby-pamby, management company twit to pound sand up his @ss! And if he wants to try and evict, tell him to go right ahead and try it. Futhermore, you're done dealing with low-level toadies. Any future communication from the managment company to you should only come from the company's president or their corporate lawyers.

    Continue to pay your rent, and be the model tennant -- don't give them a real reason to evict. Oh yeah... Put locks on that gun case.

    It can take up to a year to process an eviction. In the meantime post this audio on every pro-2A forum and blog you can find. I wouldn't be hiding the company's name, nor the name of the idiot on the audio, but that's up to you. If they think they're doing no wrong, then why would they care if their name is plastered all over the internet.
     

    shootinghoosier

    Marksman
    Rating - 0%
    0   0   0
    Jun 10, 2010
    269
    16
    Indy
    Line yourself up an attorney. Whoever you were talking to on the audio was an idiot, but there are a lot of things here the property owner is doing that are just wrong. Who is threatened by a gun case in a locked bedroom, other than an "inspector" who rifled through personal property? It's not like anyone is walking around the complex with an AR over their shoulder.

    Heck, I would seek to file a class action suit on behalf of all other similarly situated individuals living in their apartment complexes around the country who own AR's, just to make it incredibly expensive for them to try something like this. After a couple hundred grand down the drain spent on defense costs, they might realize that they are fundamentally wrong and come to their senses.
     

    88GT

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 29, 2010
    16,643
    83
    Familyfriendlyville
    I'd have major problems with this, I don't want some stranger in my bedroom inspection or not. I'd be raising hell if I found out someone came over unannounced without me there. If you want an inspection, schedule it - I will take off of work and let you do your business. My things are MY things and I'm extremely protective of my stuff, for the sole fact that I worked my ass of getting them.

    With that said, a closed door isn't odd - I have a roommate and I NEVER keep my door open. I don't have anything to hide but my privacy. Also, imagine if I were at home sleeping I wake up to some person opening my door, I couldn't guarantee their safety at the point.

    And a quick knock on the door isn't going to wake me up.

    First, all non-emergency entrances ARE scheduled. I said that in an earlier post. And all but the most essential repair visits are scheduled well in advance via written notification. You're getting bent of out shape over nothing here.

    Second, non-inspection entrances are limited solely to the purpose of the entrance (HVAC repair, or something like that.) I do not use access to the units to snoop.

    Third, I tell you straight up at the lease signing that the inspection includes a visual of the unit, all of the unit. If that bothers you, you're free to move on. But if you sign the lease, you accept the terms. I don't go rummaging through your ****. But I will check the physical structure of the unit if I feel it's necessary.

    Fourth, I specifically stated that the closed door suspicion was considered in context, meaning it does not stand alone in raising suspicion.

    Fifth, the bedroom is no more sacrosanct than any other room in the unit in terms of privacy issues between tenant and landlord. There is no legal difference between the bedroom and the rest of the unit in terms of verifying compliance with the lease terms and confirming habitability and structural soundness of the unit.
     

    EnochRoot43

    Sharpshooter
    Rating - 100%
    24   0   0
    Feb 14, 2010
    378
    18
    Anderson
    I feel like I maybe shouldn't pipe up here, but...88GT, your defense seems out of place here. I understand you manage property, and feel the need to defend the rights of landowners. But, clearly the property owner in this particular instance has overstepped by allowing his agents to open a gun case in a closet, and then pursue a potential eviction based solely on the nature of the firearm contained within said case.

    I guess I am just curious why you have spent much time rationalizing the rights of the property owner (which most of us are aware of) and no time supporting the OP. This kind of flies in the face of the notion I had developed of 88GT. Again, no disrespect, and I understand that your status as a landlord leads to strong opinions in this matter.........but do you honestly feel that this property manager is justified or worthy of defense?
     
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