Ask Me Help Desk - Threat of eviction

My wife has written you several times ahd you all have given us some great advise. Well, we have come up against another situation.
We live in a very small town of about 3,000+ people and there is nowhere we can go to ask for help. So we come to you for advise.
We had another falling out with our manager here at a 16 unit complex. We were told that we cannot call the police for anything that is not an "emergency," as this was written into her contract with the owners. Can they do this?
Also, the manager, her son, who lives and works around here, and my wife and I sat down with them a couple days ago and discussed some issues. When I told her, the manager, that I had a difference of opinion than her on and issue that she is very hatedly passionate about she threatened us with eviction saying, "I cannot have this around here because it disrupts the community here." We told her that she cannot tell us what opinion to have as we are free by the constitution to express ourselves without retaliation. She rolled her eyes, hung her mouth open and just pretty much told me I was an idiot. At least in so many actions and words. Can she threaten us with eviction because we have a difference of oppinio with her? We cause no trouble and we keep to ouselves.
Also, we have a "community garden" here at the apartments. My wife and I planted some vegetable plants about two weeks ago. Well, 2 hours before we had this conversation with the manager, her son, etc. someone poured gasoline all over our plants and killed them. Now there are onlt three of us that have planted stuff out there and her son was one of them. We truly believe that he is the one that did it, but his mom won't believe us, and he even swore up and down to our faces, in our home no less, that he didn't do it. Two things here. He had the motive, which I won't get into, and I have known him for over sixteen years and I know how he works. I know it was gasoline as I smelled the soil when I dug up our dead plants and it reeked of gasoline. The other guy that has plants out there, too, smelled it and said it was gas as well.
Bottom line, can the manager evict us over trival things like this? Can she continue to threaten us in this was because her fantasy utopia gets rocked at times? And can the owners write in the contract that tenants cannot call the police except for emergencies?
We know we need to move but we do not have the financesa to do so or we would. Thank you very much

First, any item in a contract that is not legal is not binding, they can not force you not to call the police, that is a violation of your rights and not inforcable.

Just call the police, stop asking permission to call

Of course they can file for exiction, but you would also have the right to testify.

Quote:

Originally Posted by wieczorek

We had another falling out with our manager here at a 16 unit complex. We were told that we cannot call the police for anything that is not an "emergency," as this was written into her contract with the owners. Can they do this?

No they can not.

They can’t put a clause in a contract that is illegal.

Example, in the contract they put down that you must kill someone if they ask you to. That is a crime, and therefore, they have no legal remedies to enforce that clause.

The same goes with 911. They can’t put an enforceable clause in.

Your contract says it. That’s nice. Let them try to take you to court on that. The judge will laugh at the landlord.

Quote:

Originally Posted by wieczorek

Also, the manager, her son, who lives and works around here, and my wife and I sat down with them a couple days ago and discussed some issues. When I told her, the manager, that I had a difference of oppinion than her on and issue that she is very hatedly passionate about she threatened us with eviction saying, "I cannot have this around here because it disrupts the community here." We told her that she cannot tell us what oppinion to have as we are free by the constitution to express ourselves without retaliation. She rolled her eyes, hung her mouth open and just pretty much told me I was an idiot. At least in so many actions and words. Can she threaten us with eviction because we have a difference of oppinio with her? We cause no trouble and we keep to ouselves.

She can say whatever she wants.

As you have a right to say what you want, so can she.

Can she threaten, sure.

Can she act on it, no.

Quote:

Originally Posted by wieczorek

Also, we have a "community garden" here at the apartments. My wife and I planted some vegetable plants about two weeks ago. Well, 2 hours before we had this conversation with the manager, her son, etc. someone poured gasoline all over our plants and killed them. Now there are onlt three of us that have planted stuff out there and her son was one of them. We truly believe that he is the one that did it, but his mom wont believe us, and he even swore up and down to our faces, in our home no less, that he didn't do it. Two things here. He had the motive, which I wont get into, and I have known him for over sixteen years and I know how he works. I know it was gasoline as I smelled the soil when I dug up our dead plants and it reeked of gasoline. The other guy that has plants out there, too, smelled it and said it was gas as well.
Bottom line, can the manager evict us over trival things like this? Can she continue to threaten us in this was because her fantasy utopia gets rocked at times? And can the owners write in the contract that tenants cannot call the police except for emergencies?
We know we need to move but we do not have the financesa to do so or we would. Thank you very much

If you do not have PROOF, then there is nothing you can do.

In fact, the son might even try to sue you for defamation.

You can’t go around accusing someone of destroying your plants without evidence.

Without any evidence, there is nothing you can do.

You must document everything you do while you have a lease.

Anything the is illegal in the lease is null and void, since it has no standing in the court. You cannot force to do something illegal.

Take pictures of everything, while take picture have that days newspaper in the background which proves what day it was taken.

Everyone needs to understand, if there is something you do not agree with in a lease or contract, mark it out and initial it.

Good luck.

FIrst of all, call the police when you think a crime has been committed, which includes vanadalising a garden or making verbal threats of any kind. Even if the polie can do nothing at the moment, it gets it down on recond. Secondly, it sounds like the manager is at her wits end. Write a simple, straightforward letter outlining what has happened in chronological order to the owner and bide your time. Do nothing to provoke anyone. Do not take the manager's bait. You may be the last one standing in this one. And the complex may gain a new, more reasonable manager in the long run.

Val is right here, I just want to add that when you type the letter at the bottom after your signature add the following

Cc: File

And then send the letter Certified Mail Return Receipt Requested. That way the owner has to sign for the letter and no one can tell you the letter was not received because you will have proof delivered back to you.

Quote:

Originally Posted by J_9

Val is right here, I just want to add that when you type the letter at the bottom after your signature add the following

cc: File

And then send the letter Certified Mail Return Receipt Requested. That way the owner has to sign for the letter and no one can tell you the letter was not received because you will have proof delivered back to you.

Sorry, got that spread message too.

Thanks J9 for adding this, it really completes it!

It will be difficult for the building owner to back this manager if it leaves him at any kind of risk. Managers are too easily replaced in those circumstances.

Unfortuneatly some managers are jerks and when it is a small complex such as yours it can be their whole world. Personally, I would have nothing to do with this manager or her son on a personal basis and keep it strickly business. I say this since you said your wife sat down and was talking to this manager and she had a difference of opinion with you. The previous posters are correct when they say that she can not stop you from calling the police for problems. She can file for eviction for any reason she wishes to but the courts will just laugh at her IF you follow up and provide your own defense.