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Help! Any recourse here?

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Help! Any recourse here?

Postby Yankeeno7 » Sat Sep 14, 2002 8:00 am

Here's the problem:
I live in upstate NY and in a large apartment complex. Approximately 2 months ago, my girlfriend moved in with me and I did the right thing by listing her as an occupant with my landlord. No problems there.
Well, a month before she moved in with me, she had received a traffic violation from the county sheriff. Because she didnt appear in court and it was a second offense to this violation, the sheriff's dept came looking for her. She was in bed sleeping and did not hear the sheriff knock. The woman who manages this complex lives directly below me. She walked the Sheriff up to my apartment and opened the door for him and let him in the apartment. My girlfriend was awakened by a sheriff knocking and standing at the bedroom door and took her to the courthouse.
Yes, what she did was wrong and she should have gone to take care of the ticket instead of blowing off court, I agree. My problem is...this was not an emergency and there was nothing about the apartment that my landlord needed to let anyone in. I checked my lease and there is nothing on it that states they can allow any law enforcement for any reason. As far as Im concerned, my rights were violated. I also have another roommate and believe his rights were violated.
I called and spoke to an attorney that I found in the phone book. I should never have told him who I was renting from because his sarcastic response seemed to clue me in on a relationship with the company I rent from. He even said that he is pro landlord. All I was looking for was an unbiased response to this question. His response was "What do you want court to do?"...quite sarcastically I might add.
So...does anyone know if there is any recourse for my rights being violated...and my roommate's rights being violated? Does this mean that my rights means nothing and nothing can be done? I know how this management company works and if I make any waves that will get me nowhere, I know they will find a way to get me in the end...keeping deposit, refusing to renew my lease, etc..
Anyone know of any type of recourse as far as mine and my roommate's rights? Any responses would be helpful..thanks.
Barry Jock
Posts: 1
Joined: Sat Sep 14, 2002 1:01 am
Location: Upstate New York

Re: Help! Any recourse here?

Postby Cranky Tenant » Mon Sep 16, 2002 8:37 am

Did the Sherrif have a warrent ?

<small>[ September 16, 2002, 08:39 AM: Message edited by: Cranky Tenant ]</small>
I'm a cranky tenant NOT a cranky lawyer.
Cranky Tenant
Posts: 1791
Joined: Sat Mar 02, 2002 2:01 am
Location: Manhattan

Re: Help! Any recourse here?

Postby Phil Cohen » Mon Sep 16, 2002 10:23 am

You need advice from a good criminal lawyer as to whether what the sheriff did was wrong and, if so, if you or whomever can sue.
Keep in mind that I am a tenant. Not a lawyer!!!!!
Phil Cohen
Posts: 1016
Joined: Sat Mar 09, 2002 2:01 am

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