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Roger, Attorney
Category: Legal
Satisfied Customers: 30904
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Presently, we have a contract w/Clemmons Property

Customer Question

Presently, we have a contract w/Clemmons Property management, out of Dunkirk, Indiana to manage the rental of our home at 3307 North Lanewood, Muncie, Indiana.
Heather Clemmons is responsible for renting the house, and keeping tract of the renters she rented our house to on September 1. 2015 until September 1of 2016. The problem is she does not cooperate to manage the renters, which we pay her 90.00/mo.. I have emails, and many hours of trying to get Heather to cooperate w/ information, how many people are living in our home, getting the rent paid, and now, damage to our property by the renters. Heather, acts like we are too stupid to know what is going on...but our neighbors have reported many problems w/the renters. Contract is for 3 children one adult, neighbors stated 4 children a boyfriend, her mother, and the mother, and much coming and goings by others...her children have gone to the neighbors for food, just on and on,w/Heather...and she is a licensed broker in the state of Indiana.
Heather, rented our house on 9/1/2015 without ever talking to me or my husband. Very, very unprofessional. Now, she states the contract is for 2 years, not one, and at the time we thought the contract was for one year. Now, the renters said the new stove we had in the house had a gas leak...and have removed the stove to the garage for us to pickup.
I really, find this hard to believe as the stove was new, and placed in the home by a
Licensed gas required by Indiana law. Can not get Heather to tell me if a licensed gas plumber put the replacement stove in our home as stated by Indiana law.
Well, help if you can w/advice. Thanks Sharon Barger.
Submitted: 4 months ago.
Category: Legal
Expert:  Roger replied 4 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Does your service contract with Clemmons require you to approve any prospective tenant and the terms/length of the lease?

Customer: replied 4 months ago.
Customer: replied 4 months ago.
Are you still there?
Expert:  Roger replied 4 months ago.

I am. Thanks (had to take a phone call).

Expert:  Roger replied 4 months ago.

If Clemmons violated the terms of the contract, then it is possible that you could claim that the lease is void and endeavor to have these people removed from your house.

Expert:  Roger replied 4 months ago.

Essentially, Clemmons only had the authority to lease the property under the terms of the contract. Thus, if those terms were not followed, she didn't have proper authority to sign a lease.........if you want to take that stance, you likely should hire a local lawyer to write a letter to Clemmons and inform the company of the same and demand that she remove these people or you will be forced to file suit to enforce the terms of your contract.

Customer: replied 4 months ago.
Well, I have called the realtors licensing board member, and was informed the Star reality was a friends and so all I got was the run around, and a loud call from mr star defending Heather. Seems she manages 300 properties for him... Birds of a feather flock together. The renter must resign a contract this 9/1/2016. I have spoken to Heather about raising the rent, that could light a fire under the renters to move, but still have Heather.
Customer: replied 4 months ago.
Can you recommend a good lawyer in Muncie to see about this mess?
Customer: replied 4 months ago.
Are you there?
Customer: replied 4 months ago.
Expert:  Roger replied 4 months ago.

The best way to find a lawyer in your area is by visiting

Expert:  Roger replied 4 months ago.

When you go to the site, you can click on the link that says "I want to find a lawyer or a law firm" and then enter your location.

Expert:  Roger replied 4 months ago.

The list will be populated with qualified lawyers in your area. You can also refine the search to a specific area of practice (such as real estate law) to get names of lawyers in that specific field.

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