Unfair Apartment Fee Dispute

Summary

Review your lease agreement to check if the fee is mentioned. Document all communications and notices. Seek local legal aid to understand your rights in Indiana. Consider small claims court if the amount is significant.

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On March 4th we received notice at *:* PM via text that we would need to have items in our unit removed from the area around our windows by * am the next morning. We responded at *:* PM saying we would be unable to comply. Receiving no response, we set about trying to comply. On arriving, we also paper notice posted that seemed to indicate (the wording was a little unclear) that there may be a $* fee which is not outlined anywhere in our lease agreement for noncompliance. That night my wife and I tried to clear as much of the area as we could, but this was complicated since a previous project from the new company had most of our items in all rooms piled by the windows due to them remodeling much of the interior of our unit. We managed to move boxes and items at the food of the bed so there was a pathway to the window in our primary bedroom, and many of the items by the window in our primary bedroom, but since we did not arrive in Indy until around * pm, and would need to be awake and getting ready to leave at * am the next morning, we were unable to clear the required area around all windows before we needed to sleep for a few hours to be safe to drive the next morning. The first message we recieved was from the regional manager on the 6th indicating "Stephen, Hi, this is Michelle with Enclave. Our contractors were unable to replace your windows yesterday due to you not moving your belongings *' from the windows. Therefore, we have charged your account $*." Later she indicated that there was no way she could have known that we were often out of town, even though we told her so over the phone on January 30th, and communicated this frequently to the community manager and other staff. Is there any resonable way for us to recover this fine? The company has made it clear they are not going to work with us on recovering this fine.
It seems you're dealing with a tricky situation. Here's some general advice:
- Review your lease agreement: If it doesn't mention such a fee, it may not be enforceable.
- Document everything: Save all communication and notices.
- Seek local legal aid: They can help understand your rights in Indiana.
- Small Claims Court: If the amount is significant, this might be your next step.
Remember, this is general advice and not a substitute for legal advice.