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Hi, I am living in a apartment community in Indiana. I am

 

Customer Question

Hi,
I am living in a apartment community in Indiana. I am in one b/r and tried to transfer to 2 b/r. The community office gave me appointments to show apartments 3 times and kept cancelling my appointment every time just 5 minutes before the apointment time by giving excuses. The manager of the community came to my current apartment without any prior notice and said we need to inspect your apartment first and on the basis of the inspection only i will be allowed to transfer to another apartment.They also did not tell me about this prior to coming to my apartment for inspection. Is this legal and allowed ? if not what are my appropriate rights against this ?

 

Optional Information:
Country relating to Question: United States
State (if USA): Indiana

Submitted: 355 days and 7 hours ago.
Category: Legal
Value: $59
Status: CLOSED
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Expert:  INFOLAWYER replied355 days and 7 hours ago.

Hello and thank you for the question. I am sorry to read of this dilemma. Are you asking if they are entitled to enter without notice or if they need to provide other housing?

Customer replied355 days and 7 hours ago.

both.
First - if they have this right of entering any time without prior notice ?
Second - are the right in cancelling my appointment everytime just few minutes ahead of appointment time ?
third - are they correct in saying only on the basis of inspection they will allow me to have another apartment, that too they never told me they have any such policy.

Accepted Answer

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Expert:  INFOLAWYER replied355 days and 7 hours ago.

There is no basis for entry without advance notice. The exception is based on emergency such as fire or flooding. Normally, 24 hour advance notice, reasonable basis and mutual scheduling accommodation is needed. Harassment and repeated cancellations are without basis and can be grounds for taking them to court for damages and an injunction.
Access to another apartment may be given not only on basis of inspection. Practically, if premises not habitable or safe, they should provide it but only on confirming a problem. If cannot be resolved by mutual cooperation and consent, then the court may be brought in to review their conduct.
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Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.6 %
Accepts: 18817
Answered: 6/29/2012

Experience: Licensed attorney helping individuals and businesses

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Customer replied355 days and 7 hours ago.

i would like to get them into court but i do not have any written evidences about cacellation of appointments. What kind of evidences i need ?

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Expert:  INFOLAWYER replied355 days and 7 hours ago.

You can use your own testimony, witnesses, e-mails if available. Normally if you are detailed about dates, names, and what happened, that is more than enough.

 
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