-----Original Message-----
From: Herman Frederick Ebeling, Jr. [mailto:hfebelingjr@lycos.com]
Your scenario, reminds me of what happened with a
friend of mine when he was working at either an apartment
complex/building. It seems that the owner had gotten a "wild
hair" and wanted to go into ALL of the units and made the
statement "this is my property and I want to go in and check
on them." Well he went into one where the renter worked
nights and who obviously was NOT expecting any "company"
during the day. Well hearing someone in his apartment he
grabs his gun, and when confronted by the "intruder" shoots
him. Now here's where it gets "fun." As the EMTs are
wheeling the landlord out on a gurney, and the cops are
talking to him, he demands that they arrest the shooter. And
(no pun intended) to literally add insult to injury the cops
tell him, that they can't. Cause the tenant was within HIS
rights to shoot the man/landlord. . .
Owner should have research local landlord/tenant law. In most
jurisdictions, a lease contract limits the property owner's
rights to enter the leased premises -- I believe ours stipulates
24 hours notice to the tenant except in actual emergencies.
Shelter (and its security) is a basic need, right behind air,
water, and food, and in many jurisdictions special rules apply
that don't automatically extend to other sorts of property (and
vice versa). Building owner was attempting to exercise a property
right that may not extend to leased dwellings where he lives, or
which he may have actually *given up* when entering into the lease
agreement.
If there's really a chance that his case is an exception, he
should consult a lawyer, but the police and the tenant were going
by the normal local situation and such an exception would be rare.
David Gillett
