My landlord is a facist... any advice?

[purduejake]

My landlord is suing me for falsely "activating the fire alarm" because I called the fire department when the alarms started going off. Here's her logic: Her alarm was faulty, but there was no fire, and I called in a false alarm. I did NOT activate it and she admits that, but still wants to charge me for the phone call. All I told 911 was that I didn't see a fire or smoke, but the alarms were going off.

She is justifying the lawsuit with a provision in the lease that says I'd owe $200 if I "falsely activated the alarm." Well, she admits the alarm company activated it, but still blames me for the fire department responding. The alarm company and landlord failed to notify the fire department, 911 center, and any tenants of the alarm.

Any advice?

edit: forgot to spellcheck.

[Dogmudgeon]

1. My sage advice

1. Get a lawyer.

2. Contact the Fire Marshall's office (or whatever the position is called in your jurisdiction).

3. See #1.

Good luck!

--p!

[purduejake]

7. It gets better.

I failed to mention that she alleges I called her office before calling the fire department and they told me that it was just a test. She cites a phone log from her office and the fire department incident report, which looks like they got the call after I called the office.

HOWEVER, I have my phone record (which is the true sequence since it draws time from ONE clock) and was able to print it out from the internet.

It gets more complicated. The landlord (who I pay for com services) and the communications company have manipulated evidence against me in the past when I threatened to move out if they didn't provide an internet connection that didn't go down 5x a day (literally) for hours at a time in most cases.

I'm afraid they will manipulate the records again and all I have is a print-out. I have talked to an attorney, but can only get free advice and cannot afford to hire one.

[yardwork]

21. Pursue the free legal advice and then follow the legal-aid's advice

I'm not a lawyer, but your landlord sounds like she is preparing a frivolous lawsuit that will go nowhere.

Document the evidence you have and show it to the judge if it comes to that, but I doubt it will.

The larger question is - why is your landlord doing this to you? If she wants you to move, I would if I were you. Nothing is worth the kind of hassles you are describing. But what do I know.

Pursue the free legal advice and follow it.

[Kire]

22. yeah: Why?

Was she meeting with some investors when the Fire Department showed up?

:wtf:

[MrScorpio]

2. Get a lawyer

You're landlord is an asshole

[ixion]

3. my feeling is she doesn't have a case

if you get a lawyer, it will probably resolve it, and then you can send her the bill. :evilgrin:

My advice would be this: move.

[purduejake]

9. I can't move...

and I guess I can't sue for attorney costs in Indiana since it is small claims court. And I can't move out since I am bound by a lease and can't afford double rent. Thank you for your advice, though. At the very least, it makes me feel better. :)

[ixion]

18. I don't think it would ever make it to court...

the lawyer would send her a letter, and suddenly she'd realize that it wasn't worth the money.

In that case, however, you'd probably make bad blood with your landlord, which would only make things worse.

It's a tough situation, I know. Hope it works out okay.

[Skittles]

4. frivolous lawsuit

what's the point of having alarms if she expects you to actually SEE a fire before you altert on an alarm? She needs a good ass-kicking.

[Nadienne]

5. But you didn't activate the fire alarm!

:wtf:

If the fire alarm is supposed to contact the fire department automatically, you should sue her for having a fire alarm system that doesn't work. Aren't rental properties obligated to have a fire alarm system that works properly?

[purduejake]

8. They are required to have a fire alarm...

but it does not contact anybody... it just flashes lights and sounds a loud horn.

[Nadienne]

13. But it doesn't say in your lease

that you should be fined for contacting the fire department, right?

[purduejake]

15. Right...

I'd hope that would be illegal, but who knows in the gawd-awful state of Indiana which favors the landlords in legislation and in the courts. That's why I am really worried even though it would seem she has no case.

[Hubert Flottz]

6. Your pResident is one too!

And so is about any GOPer I can think of!

Sounds like you have a GOPer landlord!

[purduejake]

11. I do!

And I assume so because she charges every resident for carpet cleaning and painting at move out and then doesn't clean and paint for the next tenant! A true Mepublican.

[Moochy]

10. BAN HIM!

Ban him!! oh wait wrong thread...

[merwin]

12. The landlord is responsible for the fire alarms. Easy to beat,

just check your phone records when you get them and you can easily prove that you didn't call her office before calling 911.

You're SUPPOSED to call 911 if the fire alarms go off for no reason. That's what they're installed for.

[sui generis]

14. right on -

also, tell your landlord you'd like to resolve this -- in small claims court, with a judge to review the evidence. You don't need a lawyer for that, just accurate records.

You will make the most points with the judge if you tell him exactly what merwin said: you are SUPPOSED to call 911. Your landlord's assertion that you called the fire deapartment after they told you it was a test is ridiculous - nobody would call the fire department after being told it was a test.

They'll lose. Just insist it gets to small claims court.

[purduejake]

16. Okay, I think you are right. Thanks!

After all, I'd feel horrible if I assumed it was an alarm and didn't call. That's how real tragedies happen.

[On the Road]

17. Get Prepaid Legal -- Seriously

It's only $16 a month. This is something that's probably not that difficult for them to solve. One letter on legal stationery with the right language should make your landlord back off. And if not, you should have no difficulty in getting it thrown out of court.

[purduejake]

20. I have it!!!

But they only write letters and give advice. They weren't very helpful in this case... I think the attorney at the firm is tired of dealing with my case since the landlord has continuously been giving me a hard time and he says there isn't much I can do but go to court. It just seems like there should be something I can do about the landlords harassment, slander (as she tells other residents to watch out for me), and fabricating evidence. Somebody I was talking to earlier tonight mentioned compulsory eviction, which I am going to check out. I would still highly recommend Prepaid, though!

[Starlight]

19. Hell, I'd make a big stink over this!

Tenants aren't allowed to call 911 when there is an emergency? I seriously doubt if that's even legal! :wow: Call your local media. Call the mayor's office. Call the housing department. Tell them your landlord is suing you for calling the fire department when the fire alarm sounded. You were frightened. You thought there was a fire. You were concerned about your elderly neighbor. And the small children. And the guy in the wheelchair. Obviously your landlord is a slum lord with no concern for her tenants safety. Humiliate her. Make her look like the total fool she is in public and yourself to be a hero. :evilgrin:

[Sgent]

24. Hell I would countersue

For the poor internet access (whatever that's costing you), the aggravation and hassle -- however much time you've spent on these issues X your hourly wage.

Like the landlords suit, it probably won't get anywhere, but if you can come up with some plausible damages, then it might be possible to get the landlord to back off.

I would also supena any 911 tapes from the re/the building. They can build a timeline and record your state of mind. I would also ask how many times the fire department has been out on nuisance calls (history of a bad fire alarm).

[imenja]

23. look for a local tenants association or tenants union

If your state has one, they are very helpful. Most civilized places have them, even Texas. Florida does not.