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I highly doubt a judge will consider a water leak enough of an emergency to kick in a door. Especially if there is a reasonable belief that a maintenance person would have been available.
"Oh, I think there's a water leak. I better kick in the door to check.". That's crap and we all know it. You have no right to entry in this case.
Folks, calling the police afterward won't do anything. The entry was made due to a perceived and legitimate emergency with the intent to protect property from further damage.
Any arrest would have to be prosecuted by the City or State Attorney office, who would first have to decide to bring charges, which they would be unlikely to do because most any judge would laugh them out of court.
They were trying to do the right thing. But the "right" thing would have been to call the manager who I assume has a key. AFTER they first shut off the water to the building.
How many of you know where to shut off the main line valve to your building? My tenants do.
Folks, calling the police afterward won't do anything. The entry was made due to a perceived and legitimate emergency with the intent to protect property from further damage. By a neighbor...NOT by the LL who may have had the right to enter due to a legitimate emergency. A neighbor does not fall under that same criteria.
I would still file a police report anyway, even if you decide not to pursue it. You only have the neighbor's testimony as to what he allegedly did. You don't know what he actually did while he was in your place. Was someone there with him watching him at all times?
With Identity theft being so prevelent today you just don't want to take any chances in case something comes up later on down the road. File the report anyway just to have it on record that someone knocked down your door and entered your apartment without your knowlege or permission.
Folks, calling the police afterward won't do anything. The entry was made due to a perceived and legitimate emergency with the intent to protect property from further damage.
Any arrest would have to be prosecuted by the City or State Attorney office, who would first have to decide to bring charges, which they would be unlikely to do because most any judge would laugh them out of court.
They were trying to do the right thing. But the "right" thing would have been to call the manager who I assume has a key. AFTER they first shut off the water to the building.
How many of you know where to shut off the main line valve to your building? My tenants do.
You have to be mentally retarded to think the downstairs neighbor is the cause of your water leak. Like really retarded. Like you jump off your balcony because you think you'll get on the roof above you retarded.
You have to be mentally retarded to think the downstairs neighbor is the cause of your water leak. Like really retarded. Like you jump off your balcony because you think you'll get on the roof above you retarded.
You are confused. Reread the 2nd paragraph in the OP. Think of this as a 3 level condo. OP is on the 2nd level.
Neighbor on the 1st level started knocking on doors to condos above him because water is leaking into his condo. OP (on 2nd) level doesnt answer. So neighbor on 1st level goes up to neighbor on 3rd level to see if the leak is coming from them.
So then neighbor on 1st and 3rd levels break into the 2nd level (OP) condo to check.
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