Jed Filostrat began moving Tuesday after he was given an 11-day notice to leave his townhouse at Highland Plantation. “I didn’t want to go,” said Filostrat, biology junior. “We’ve made this place ‘our place.'” Filostrat said he questions if 11 days is reasonable time to be forced to leave his apartment after his lease was terminated by the landlord.The lease gives provisions for R.W. Day, the owners of Highland Plantation, to terminate a lease for damages after a “reasonable time” if a catastrophe damages the premises and written notice is given. In Louisiana’s civil code, the notice of termination states if a lease is measured by a period longer than a month, 30 calendar days should be given.Kerry Triche, practicing attorney, said this law only applies in Louisiana when a lease doesn’t specifically address the issue in its pages. “The issue really is, is 11 days a reasonable amount of time?” Triche said. Within the lease a clause says Highland Plantation must have at least 3 months notification if the tenant plans to leave at the end of their lease. “In their own lease they require their tenants to give 95 days notice,” Triche said. “They only gave their tenants 11 days notice.” The Better Business Bureau has recorded 12 complaints, according to its Web site, with only two resolved about R.W. Day at Highland Plantations in the last 36 months.Once BBB receives a complaint they notify the business, which has 20 days to respond to the complaint.She said if the business does not respond within the stated amount of time, BBB will post the complaint to their Web site as unresolved and consumers can view the complaints online.When Highland Plantation evicted all the residents from about 30 apartments, Kristy Miller, R.W. Day operations director, said the company would allow residents to live in one of their other apartment complexes for the same price they were paying. Miller said R.W. Day is offering temporary housing on a first-come, first-serve basis.Filostrat said he called Southgate Towers and Oakbrook, other complexes R.W. Day owns, but both complexes were at full occupancy.”I know of one person who got that deal to move into another place,” Filostrat said. He said Garret Breaux, who said R.W. Day was allowing him to move into Southgate on Oct. 5 after the apartments are rebuilt. “[R.W. Day] is not letting anybody know about it,” Breaux said. Miller said there are residents staying in their other complexes, Oakbrook, Southgate Towers and Hidden Pointe.There were other evictions at Highland Plantation before it gave the notice telling residents at a townhouse they must leave in 11 days.Bethanie Gautreaux and Adrianna Miller, both freshmen at the University, were roommates at Highland Plantation when their ceiling caved in during Hurricane Gustav. A Highland Plantation manager told them the Tuesday after Gustav hit they would fix the apartment and work around the women’s possessions. But on Saturday they were notified they had to leave in 24 hours, Gatreaux said. Adrianna Miller said the only option she had was to move in with a friend and sleep on the couch because she had no where to live. She said she decided to leave LSU and transfer to Nicholas State where she was planning on going the next year.”I was upset I didn’t have the LSU experience,” Adrianna Miller said. Gautreaux said her mom calls Highland Plantation on a daily basis to find out when the complex will send their deposit checks, but they never call her back.In the Highland Plantation lease, it states the company will refund tenants’ deposit if they are forced to leave because of a catastrophe. Kristy Miller said the deposit checks were processed Wednesday, and residents can pick up their checks at Highland Plantation’s office. “I loved my apartment,” Gautreaux said. “But I would never go back because of the way the management treated me.” Miller said there are residents staying in their other complexes, Oakbrook, Southgate Towers and Hidden Pointe.There were other evictions at Highland Plantation before it gave the notice telling residents at a townhouse they must leave in 11 days.Bethanie Gautreaux and Adrianna Miller, both freshmen at the University, were roommates at Highland Plantation when their ceiling caved in during Hurricane Gustav. A Highland Plantation manager told them the Tuesday after Gustav hit they would fix the apartment. But on Saturday they were notified they had to leave in 24 hours, Gatreaux said. Adrianna Miller said the only option she had was to move in with a friend and sleep on the couch. She said she decided to leave LSU and transfer to Nicholas State where she was planning on going the next year.”I was upset I didn’t have the LSU experience,” Adrianna Miller said. In the Highland Plantation lease, it states the company will refund tenants’ deposit if they are forced to leave because of a catastrophe. Kristy Miller said the deposit checks were processed Wednesday, and residents can pick up their checks at Highland Plantation’s office. —- Contact Contact Joy Lukachick at [email protected]
Students dispute lease at complex
September 30, 2008