Evansville apartment residents say they're living in awful conditions, being ignored

EVANSVILLE, Ind. — The website for Martin Park Apartments in Evansville boasts photos of smiling tenants, shiny appliances and “modern luxury” units. 

They’re all stock images used for Internet marketing. And they don't come close to reality.

Some of the tenants at Martin Park East, formerly Eco Square, and Martin Park West, formerly Buena Vista, have sewage backing up into their sinks and showers. Others have front doors that don't shut properly.

The living conditions and lack of communication from management have the tenants banding together to bring the issues to the Evansville City Council and Evansville Building Commission. 

After the complexes were bought last year by a Michigan-based limited liability company, some tenants say they have felt lost about who to contact with maintenance issues and rent disputes. Without local owners, they are left with one property manager, for both locations, as their only line of communication. 

Representatives with Martin Park Apartments and the ownership company, Martin Park Apartments LLC, didn't return requests for comment from the Courier & Press. 

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Some tenants are now facing eviction proceedings started due to unpaid rent, left to navigate the court system without legal representation. Through a Facebook page with 173 members, tenants are sharing tips and personal experiences. 

Denise Thomas, whose aunt lives in the East Side complex located at 700 Chateau Drive, and Jessica McGann, resident at Martin Park west located at 1210 Vista Court, are helping people as they attend eviction hearings and deal with fallout from a burglary in early March, when rent money was reportedly stolen from the leasing office.

Thomas said many tenants who "break even" on their income don't qualify for legal assistance. 

"That's why we're digging on our own," she said. 

‘This is not a home’ 

Jake Godbold didn’t receive an eviction notice on his front door like some of his neighbors, but he plans to be out in the next two months. 

And since the 43-year-old never felt comfortable enough to unpack all his boxes when he moved in last June, he has a head start. 

“I have unpacked pots and pans, silverware, and some clothing and my toiletries,” he said. “I refuse to unpack anything else.”

The move to the East Side complex was supposed to be a fresh start. The two-bedroom, one-bath unit for $595 a month, plus $65 for water, trash and sewer was where Godbold was going to launch a podcast and Internet streaming channel. Maybe meet a woman who matches his particular brand of “crazy” to grow old with, he said. 

But Godbold said he’s too embarrassed to even have friends over to visit. 

“This is not a home,” he said. “This is hell.” 

His experiences led him to file a small claims court case against Martin Park Apartments for violating his lease, failing to make repairs and perpetuating unsafe living conditions. He’s asking for a judgment of $10,000. 

In the filing, Godbold outlines the same issues he brought to city council and spoke to the Courier & Press about. 

Waters pour in through his ceiling. An overflowing toilet floods his bathroom. Every time that happens, he calls the emergency maintenance line, but he said no one answers or returns calls. 

The water issues in his ceiling occurred on Nov. 6, 2021; Dec. 26, 2021; March 11, 2022, and April 3, 2022, he said.

Purchase records on file with the Vanderburgh County assessor show the new owners of the complex took over on Dec. 2, 2021. But the new on-site management didn't show up for at least four months, tenants told the Courier & Press, leaving residents in limbo.

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Godbold said a maintenance worker finally came in March to cut out part of a leaking bathroom ceiling. No work has been done since, Godbold said.

“I feel my apartment is not safe to live in from mold and whatever water is backed up in my tub and from ... the leak in the ceiling,” Godbold wrote to the court in his filing. “I am suing for $10,000 to cover the rent I paid, moving costs, the (early termination fees) to break my lease and the mental anguish living in this apartment has caused me.” 

As of now, Godbold is representing himself in the case. He said he contacted some Indianapolis-based attorneys, but they told him it would cost more to hire them than Godbold would get from the lawsuit. 

Godbold tried the Legal Aid Society in Evansville, but he made too much money to qualify for representation, he said. 

According to Legal Aid Executive Director Kevin Gibson, the financial eligibility is laid out in Indiana Code. To qualify, a person must be "indigent," which is defined as someone whose income is not more than 125% of the federal income poverty level, a number which is calculated annually by the federal Office of Management and Budget. 

For a one-person household in 2022, the poverty level is $13,590. 

Gibson said they sometimes will represent someone with a higher income if there are "extenuating circumstances" or if there is available staff. 

Despite a lack of legal representation, Godbold is committed to moving forward in court. He said he’s been considering the suit since the new owners took over, but he didn’t have the nerve to file it until he learned other residents were enduring poor living conditions as well.

“I’m just one person, that’s fine. (But) there are people that live here with families,” he said. “The fact that (the complex management) would blatantly ignore their requests to have a safe and functioning home is ludicrous.” 

‘No one knows what’s going on’

A reported break-in at the Martin Park East leasing office also has complicated things for some residents. 

According to an Evansville Police Department incident report, Martin Park management claims that $100,000 in checks and money orders were stolen in early March. But some residents said they were never told about it, while others claim they were first notified weeks after it was reported. 

The police report indicates a burglary was reported March 4, at which time an employee told officers someone had forced their way into the leasing office and removed items. 

Now management has asked residents to re-pay rent that was allegedly stolen. Jason Senger, a Martin Park East resident, said he was among that group, but he and others don't know how much they owe. 

“Nobody’s paid really March or April, because no one knows what’s going on,” he said. 

Senger is now navigating eviction court.

Management claims the reason for his eviction is unpaid rent, but Senger said he's not behind. At a May 11 hearing in Vanderburgh County Small Claims Court, Senger agreed to “voluntarily vacate” the premises by May 31. But damages and back rent won’t be addressed until a hearing in September. 

“We’ve asked for a copy of our lease this past year and still haven’t received it,” he said. “So I filed an affidavit for an accurate account ledger and a copy of the lease, just for court purposes.” 

Denise Thomas told the Evansville City Council that residents are struggling to get accurate documentation of their accounts. Money reported stolen in the burglary, for example, is still being listed in residents' balances.

Fran Quigley, a professor and housing law expert at Indiana University, said if the checks were cashed, the tenant had likely "fulfilled their obligations." If they weren't, management could ask for another payment, but should give residents plenty of time to get the money together. 

They should also "deduct any extra cost the flawed process caused to the tenants," he said. 

In a letter to tenants signed by the “Martin Park Leadership Team" that was posted on a Facebook page started by upset residents, management claims the theft is not covered by insurance. 

“The only way to recover stolen checks or money orders is by each individual working with their bank,” the letter states. “We cannot go to the bank for you.” 

The letter claims complex management has no way of knowing if a tenant paid their rent. But during a May 11 eviction hearing, a manager at the East Side complex presented Vanderburgh County Superior Court Magistrate Jill R. Marcrum with a ledger of how much a tenant owned, and how much he'd paid.

Assistance program

For current residents who are trying to leave, city council members unanimously agreed to add Martin Park as an eligible location for its tenant assistance program. The fund was originally created in September 2021 to assist residents of Woodland Park, another troubled Evansville apartment complex. 

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Memorial Community Development Corporation was chosen to act as the administrator of the $50,000 grant. The fund was set to close June 1, but it will now be extended through Dec. 31. 

After filling 11 requests for assistance from Woodland tenants, the fund had $42,245.39 left as of May 9, said Kelley Coures, the director of Evansville's Department of Metropolitan Development.  

While Woodland residents will still be eligible to apply, Martin Park residents could seek as much as $700 in assistance. 

‘It’s just for show’

A “renewal roadmap” was attached to the letter to tenants, outlining the new ownership's plans for updates to the complex. According to Thomas, only residents of Martin Park East received it.

Spring 2022 pledges improved conditions and safety through garbage cleanup, pest control, repaired plumbing/drainage issues and siding, and improvements to staircases and walkways at both campuses. 

Summer 2022 will reportedly bring "improved community" through renovated units (to begin in May); new storage facilities; a new community park and grilling station at the East Side complex; and a new dog park and gazebo at the West Side complex. 

Improvements to the East Side pool will allegedly be made next year.

“It did come across as good. It would have been good if they did it when they first started in November,” Thomas said. “We do want to see them going and progressing.” 

Due to non-renewal notices tacked on front doors and a barrage of eviction filings, some tenants worry the goal is to move the current tenants out, renovate the facility and then sell the property for a higher price. Thomas said that’s what investment companies often do when they buy an apartment complex.

“No one is disputing that,” Thomas said. “What it is, is that when they went in they did it absolutely the wrong way.” 

But residents like Jessica McGann are hesitant when it comes to the updates. 

A cleaning crew and local contractors came to her complex days after the letter from management told tenants that "change is coming." The letter included a management request for positive reviews on Google and social media as they start to see conditions approve.

"Many of you know, first-hand, the amount of neglect these properties endured over the years through prior owners. This had contributed to the undesirable conditions many of you face today," management stated. "While we did not create the situation (sic), we are committed to fixing it." 

In McGann's apartment, contractors worked on her interior doors on May 6, but as of May 11 no one had been back to finish the job. McGann reached out to on-site maintenance, and they told her the work would be completed in order of Evansville Building Commission inspections.

“Ok, well, I have doors with no doorknobs now,” McGann said. 

According to Evansville Building Commissioner Dave Ballew, 15 complaints were being addressed at Martin Park apartments as of April 29. The last amount of fines he could verify was only $7,000. 

McGann said the involvement of local news organizations and the grassroots Facebook group lit a fire under management — but maybe only temporarily. 

“Something in the back of my head tells me it’s just for show,” she said.

Sarah Loesch can be contacted at sloesch@gannett.com with story ideas and questions. Jon Webb can be contacted at jon.webb@courierpress.com.