Remove your guns from the apartment or you are evicted

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  • eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    Looks like they may have boxed themselves in a bit.

    The first sentence of part 18 (Inspection and Entry) refers to "in accordance with applicable law." That would mean IC 32-31-5-6. This specifies that the landlord SHALL give the tenant reasonable written or oral notice of intent to enter (32-31-5-6.g2). I doubt simply saying "monthly unit inspections" constitutes notice.

    The inspection part does NOT seem to include anything about opening closed/latched containers that are the personal property of the tenant. I wonder if the female tenants know that some "inspector" is rooting through their lacy things and, uh, toys? You know, gotta inspect the insides of those drawers!

    Does Indiana not have some sort of "snooping" law? I can't imagine that walking around someone's house opening up containers is legal, but I don't see anything in the IC.

    I do love section 21 of their agreement! Not responsible in ANY WAY for security, but at the same time, we wouldn't let you be responsible for it either! :n00b:
     

    EnochRoot43

    Sharpshooter
    Rating - 100%
    24   0   0
    Feb 14, 2010
    378
    18
    Anderson
    Personally, I wouldn't have sent that last email to him. You have all the ammo you need with the property managers email and recordings, as well as the original lease. It is basically talking to a brick wall at this point. I would just begin filing lawsuits for breach of contract and invasion of privacy, and filing complaints with the BBB. Get legal advice before making any decisions concerning vacating the property and not paying future rent.....this company is likely well equipped to deal with legal issues of a financial nature. You have them over a barrel concerning their search, so hit them hard there.

    Good luck!
     

    longbow

    Grandmaster
    Rating - 100%
    3   0   0
    Apr 2, 2008
    6,903
    63
    south central IN
    Looks like they discovered this string....I've been told I will be contacted by the owner today...................My contact is not happy at the moment...................
     

    snowman46919

    Master
    Rating - 100%
    2   0   0
    Oct 27, 2010
    1,908
    36
    Marion
    So who is the narc? I would be extremely careful in any further recordings to make sure it is not crossing statelines as that seems to be a gray area for me if at that point if Indiana law or something else would govern the legality of the recording. Other than that more power to you.
     

    SideArmed

    Master
    Rating - 100%
    3   0   0
    Apr 22, 2011
    1,739
    38
    Looks like they discovered this string....I've been told I will be contacted by the owner today...................My contact is not happy at the moment...................

    Probably not happy because he knows that you have been doing some research on it and he basically screwed himself with the owner.
    You have done nothing wrong by reaching out to a group of "friends" for advice.
     

    DarkRose

    Master
    Rating - 100%
    11   0   0
    May 14, 2010
    2,890
    38
    Columbus, Indiana
    Looks like they discovered this string....I've been told I will be contacted by the owner today...................My contact is not happy at the moment...................

    :popcorn: This could be good...

    I can't imagine something like this happening (well, maybe in Bloomington...), I've been in the same complex for 14 years (I know, I know...) and my landlord/manager is great, I've ALWAYS had 24 hour notice on even our routine inspections, which consist of quarterly pest control inspections, and twice yearly inspections to replace furnace filter, smoke detector batteries, and check all faucets for leaks/drips.
    Even when I've been asleep, and times when I'd normally have been at work, maintenance always announce themselves when knocking, and again when letting themselves in, if I didn't get up/to the door in time.

    Maybe I've just been spoiled by good management? Or maybe it's helped that I've own or possessed guns for most of the time I've been here, and the manager is well aware of that...
     

    japartridge

    Master
    Rating - 100%
    2   0   0
    Mar 20, 2011
    2,170
    38
    Bloomington
    LongBow, whenever you want to organize a protest, leaflet handout, OC event (well as soon as I get my LTCH in the mail!) say the word and I am there!

    This type of bull**** in b-ton has got to stop!
     

    hooky

    Grandmaster
    Rating - 100%
    24   0   0
    Mar 4, 2011
    7,033
    113
    Central Indiana
    IC 32-31-5-6
    ~snip~
    (f) A landlord may enter the dwelling unit:
    (1) without notice to the tenant in the case of an emergency that threatens the safety of the occupants or the landlord's property; and
    (2) without the consent of the tenant:
    (A) under a court order; or
    (B) if the tenant has abandoned or surrendered the dwelling unit.
    (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.
    As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.6

    Sounds to me like going through personal belongings of the tenant and then using the discovery of a legal item to threaten and then file for eviction would be a direct violation of the bolded section of the above statute, wouldn't it?
     

    longbow

    Grandmaster
    Rating - 100%
    3   0   0
    Apr 2, 2008
    6,903
    63
    south central IN
    :rockwoot::rockwoot::rockwoot::rockwoot::rockwoot:An update!

    I was just told I will recieve a certified letter from legal in the next few days with my demands and "should clean" everything up to our satisfaction!


    Thanks Guys!!!!!!!!!!!!!!!!!:rockwoot::rockwoot::rockwoot::rockwoot::rockwoot::rockwoot:

    I think.........just have to read the fine print!
     

    tyler34

    Grandmaster
    Rating - 100%
    2   0   0
    Dec 2, 2008
    8,914
    38
    bloomington
    well I know from the recordings it's not a shaw rental property. and if ther were a clause in my lease about knives I would be in BIG trouble.
     

    hooky

    Grandmaster
    Rating - 100%
    24   0   0
    Mar 4, 2011
    7,033
    113
    Central Indiana
    Glad you may be able to get it settled in a satisfactory manner. I'm guessing you won't be able to talk about it any more if you agree to the fine print though. That's a shame. I'm dieing to find out who the company is that has such an anti-rights policy. This same policy could be applied to freedom of speech and religion. I hope they re-think it.
     
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