Posted by E on May 24, 1999 at 18:33:56:
I am currently living in a lower apartment of a 3 story/5 apartment house. The tenants directly above have been in 2 altercations with me and my housemate (both resulting in us calling the police, and the police telling the upstairs people to quit harrassing us). During the second dispute, the husband of the couple upstairs took a shovel and smashed my car, although the police said I cannot do anything about it, since I only saw him go to the back parking lot with a shovel he used to slam against our windows, and come back a minute later. I didn't see him do it directly, even though it was fairly obvious. As if that was not frustrating enough, he is friends with our landlord. The very next day, our landlord made us let him inside our apartment to fix a sink. I was very uncomfortable with the situation, and only allowed it because my housemate was home at the time. Since then, every time my landlord comes over, he is with this guy. I will not let him in as long as I am alone in the apartment, since this guy has a tendency to be violent. My landlord even jokes and says I should have know he is a "violent fellow". My questions are these:
One day, when I did not answer the door (because my housemate was away, and they both were banging on the door), they continued to pull themselves up to every window and look inside our apartment. They even went so far as to climb down from the fire-escape and try to push one of our upper windows open.
Was this legal? They did not have any reason or need to get in our apartment when we asked them about it later.
Secondly, our apartment was attempted to be broken into by someone taking a wedge-like thing, and pushing the window up. The reason they could do this was because there were no outside storm windows on two of our windows (the exact two that were pried open) Luckily, a neighbor cxalled the police before any damage was done. However, we have requested that the two storm windows be installed on the outside. Our landlord said he would put some in front of our door. Then he told us he did, but our upstairs tenants took them. Then he told us he would buy some. Today, I heard him outside our apartment talking to our upstairs tenants, saying he doesn't have to buy anything for us. Doesn't he have an obligation to secure the apartment? If someone goes and pries the windows open again, is he liable, since he was warned of the problem? Should we send a certified letter stating the problem to him as a formality, so he would be held liable?
Sorry this is so long, I am a college student, and I believe my landlord is taking advantage of that... SO I would like to get more informed.
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