Remove your guns from the apartment or you are evicted

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  • longbow

    Grandmaster
    Rating - 100%
    3   0   0
    Apr 2, 2008
    6,903
    63
    south central IN
    bpscanscan0001.jpg
     

    longbow

    Grandmaster
    Rating - 100%
    3   0   0
    Apr 2, 2008
    6,903
    63
    south central IN
    My recent email to him

    Sir,



    Your understanding of the contract is vague and not enforceable ! It does not ban guns or weapons in the contract . If the resident or guest does stupid things with it, I have no problem with the way the contract is written and as a parent would expect that!



    Also a rifle stored in a case is not part of your provided property. You had no right to open it, because a legal rifle in Indiana is not grounds to open my sons property. Your contract does not mention perceptions to weapons and the way you state it, xxxxxxx should have gun free signs and specifically state this is a gun free zone /apartment complex.



    You told me that the type of rifle only added to the reason to get it out of the property. That type of rifle was not stated as a prohibited item on the contract. Since that was not stated in the contract, you can not make it defacto in a gun ban, because someone has a fear of guns or big knifes!



    My counter is a full refund to vvvvv from the date the contract was breached from the inspection and the first threat of eviction was stated. He has incurred damages from his right to maintain possesion of his property by your defacto ban on this rifle. That refund will be paid to vvvvv and I will consider this case closed. vvvvv will also vacate the property in less than two weeks with no penalty or fees and the rent prorated for unused lease days. Also all utilities will be transfered to the other tenants at his move out date, with expenses prorated and deposits returned.
     

    Mr. Habib

    Master
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    0   0   0
    Mar 4, 2009
    3,804
    149
    Somewhere else
    After reading that, I see that shaving is not allowed, (no razors). No drugs or substances controlled by the state. I don't see any allowance for legally possessed OTC or prescription drugs, so all medication in the complex must go. Since alcohol is controlled by the state, no liquor either. No flammables, so no towels, no tobacco, no wooden or upholstered furniture, or clothing. Oh, and be sure to tell them that in the first paragraph, preventative is used incorrectly. Preventative is a noun, they were trying, and failing, to use the word preventive. This whole contract raises the bar for fail.
     

    shootinghoosier

    Marksman
    Rating - 0%
    0   0   0
    Jun 10, 2010
    269
    16
    Indy
    I got an email back.....you read it and don't get too mad... It is for the safety of others...

    ----

    I understand your disagreement with our position on firearms and you certainly have that right. As I said this week, our lease is very clear regarding the possession of firearms. In addition, as I relayed to you during our meeting, if someone expresses any sort of uneasiness or heighted alarm due to the possession of a weapon, we have an obligation to act under the terms and conditions of Section yy of our Housing Contract. I would point out that this clause of the contract is equally enforceable regardless of weapon type – whether it is a gun or a knife. The example I brought up during our meeting was not meant to indicate that any type of gun would make a difference in our enforcement, but rather was the possibility that the perception of certain types of guns may cause heighted levels of alarm with other residents. We would respond equally if it were an assault rifle or a BB gun, if a resident expressed those feelings. As I’m sure you can appreciate, in the wake of campus shootings around the country in recent years, there is a heighted level of alarm around colleges and universities. We are also concerned for the safety of our residents and have a duty to act under the terms of our Contract.

    Regarding your question on the inspections, our quarterly inspections are a standard part of our operating procedures. It is covered in Section vv of our Contract. As you know, our units are also furnished, which requires us to more thoroughly inspect units to gauge what pieces may need to be replaced after your son’s move-out. That level of detail in our inspection process is what led to the discovery of your son’s firearm – nothing more.

    Compare that to the audio I have....not quite the same!








    Such BS. Get an attorney, but first tell the property owners that they were mistaken...what they saw was only an umbrella.
     

    SideArmed

    Master
    Rating - 100%
    3   0   0
    Apr 22, 2011
    1,739
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    Just read the lease and re-read the e-mail from the Appt mngr. He is spouting off about the safety of the tenants, when it says explicitly in the lease that they could give a rats a** about the security on the property, and washed their hands of anything were it to happen on their property.

    Kinda BS I think.

    Anf goes on further to say that the Resident is resonsible for their own security, property and personal safety. As far as I can see they are basically saying that you need to protect yourselves and that is what your son was doing.
     

    Claddagh

    Expert
    Rating - 100%
    1   0   0
    May 21, 2008
    836
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    Just MHO, but no matter what the purported rationale for the "inspection" might've been neither the landlord/property managment co. nor their agents have any right to rummage through your personal belongings. While it may be argued that opening the closet door in order to visually ascertain its physical condition could be considered reasonable and proper within the context of protecting their "vested interests" in the property, absent evidence of damage or deterioration they have no plausible excuse for browsing through whatever personal property of the tenant it might contain. Especially without said tenant either being present or having given his express, written consent.

    If you can't afford to hire a lawyer, IIWY I'd PM Kirk Freeman with details and ask him if he could steer you to an attorney or legal firm in your area who might be willing to represent your interests in this matter "pro bono" or on a contingency basis. He's both an attorney and a staunch 2A advocate and might have contacts he'd be willing to share in order to help.
     

    longbow

    Grandmaster
    Rating - 100%
    3   0   0
    Apr 2, 2008
    6,903
    63
    south central IN
    I have given a final demand before I let this fly on the open internet.

    They do not know about my legal recording, and all of your input. When I release the data, will you all assist me on telling the rest of the gun owners about this national company.

    I would also like to have one of you combine my audio files and post them as one source to aid in the sharing of the story. PM and we can work this out.
     

    TRWXXA

    Expert
    Rating - 0%
    0   0   0
    Apr 22, 2008
    1,094
    38
    Is he trying to imply in that e-mail that someone ratted out your son and complained about him having a firearm? So jacked up man.
    Of course he is. He knows he's going to lose his @ss if he admits that his maintenance person violated personal property to discover the rifle. So he's implying that another resident made the complaint, and he can enforce Section 19 of the lease.

    Tell the guy to pound sand again. If he's going to try to evict he's going to have to name the resident who made the complaint. I don't think any court is just going to take his word for it.

    EDIT: It look like you told him to pound sand (metaphorically, anyway) while I was f@rting around typing.
     
    Last edited:

    longbow

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

    This needs to be done, the family member is pissed and I am not happy at all......


    Just MHO, but no matter what the purported rationale for the "inspection" might've been neither the landlord/property managment co. nor their agents have any right to rummage through your personal belongings. While it may be argued that opening the closet door in order to visually ascertain its physical condition could be considered reasonable and proper within the context of protecting their "vested interests" in the property, absent evidence of damage or deterioration they have no plausible excuse for browsing through whatever personal property of the tenant it might contain. Especially without said tenant either being present or having given his express, written consent.

    If you can't afford to hire a lawyer, IIWY I'd PM Kirk Freeman with details and ask him if he could steer you to an attorney or legal firm in your area who might be willing to represent your interests in this matter "pro bono" or on a contingency basis. He's both an attorney and a staunch 2A advocate and might have contacts he'd be willing to share in order to help.
     
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