I want to sue my landlord. Good idea?

Question

I came home from class today and my apartment door was half open. We have a cat, who fortunately was hiding under the bed.. There was a maintenance guy in the apartment who said he just went in to go into my bathroom because the apartment NEXT TO MINE had a sink that was "running slowly." Our bathrooms share a wall.  

Now, in Ohio, you have to be provided a 24 hour notice before entrance into the apartment unless it is an emergency. I asked each of the maintenance guys if this was an emergency and they said no, the guy's sink was running slowly. 

I then went to the apartment office and I recorded my conversation with the landlord (one party consent is legal in Ohio), and he acknowledged that yes a 24 hour notice is necessary unless it is an emergency. Basically his only point is that a slowly running sink in the apartment next to mine was emergency enough to go into my apartment without notice. 

Now, I've done research, and the only emergency repairs that I ever find are loss of power, flooding, loss of water, etc... Clogged drains, or in this case, very partially clogged drains, is NOT an emergency repair. 

So is it worth suing this guy? He was very disrespectful, particularly when I made points that made him sound like he was clueless. I'm really just very bothered that my privacy was violated, and had I not come home on my break between classes I would have never known anyone was in there. 

Or am I in the wrong somehow?

Thanks guys

Cory · Answer

You can't sue him for anything unless you can prove some kind of real damages; making you angry or upset doesn't count. It could possible be grounds for you to terminate the contract, but that would just mean you have to find a new apartment. It was probably just a misunderstanding; maybe he couldn't get a hold of you, and thought it was more of an emergency than it actually was. Just talk to you landlord and ask him to be sure to notify you in the future. Lawsuits over this kind of thing are usually thrown out and are a burden on the legal system.

? · Answer

What kind of damages are you going to claim? 
So instead of talking to the landlord and asking that in the future you be given notice before maintenance enters your apartment, you research this in order to see if you can sue, then when you're talking to him you  "made him sound like he was clueless" you want to hire a lawyer, which isn't cheap and take the landlord to court on the hope that you may win.
Does not sound real bright to me.

hotwheels122287 · Answer

while you have done a lot of research and your resources do find you in the right, this isnt really something that you can sue for.  you have no real damages... damages which include you being made whole of something that you lost (either financially or physically - like he stole something) which neither seem to be the case. he acknowledged that it was wrong/knew it was wrong... so it probably wont happen again in that fashion 

you even said so yourself, if you hadn't have come home you wouldnt have known he was there..... so.... dont worry too much about it, because it doesnt seem like there was any intention of violating any of your rights.

pooterbabee · Answer

No I think you are exactly right!! I don't want just any one walking into my place. I would document what you found out, make sure to date it. Then I would write a a special notice about walking into your place and post on the opening front door. After all what if you were in the other room naked, you didn't hear the know on the door, (if they even knocked?) and they just walked in because the person needed to go to the toilet. This isn't you place to fulfill that need for this person.

ashboo · Answer

Well I think it's a bad idea it will take a long time and drain your money. Plus you said the maintenance guy walked into your apartment? I don't necessarily think your landlord let him do that. So it's not really the landlords fault mostly the maintenance guys fault.

? · Answer

Sue for what?

No. You can't. It may not have been an emergency, but your rights weren't violated to the extent that any judge would give you anything.

You could have asked the maintenance guy to leave. That is it.

Anonymous · Answer

they should have given you a courtesy observe that the maintenance could bypass on your bathing room as nicely yet consistent with threat they didnt understand. this way of paintings must be performed on the contractors convenience notwithstanding in case you're there or no longer. examine your room and make confident no longer something exchange into taken. I dont understand why you want to make a federal case out of this concerning recording the communication. It sounds very cloak and dagger. in case you didnt lose any products, whats your pork? i think of you will possibly no longer have an sufficient social existence.

Canadian Stud · Answer

my guess is if they knew water was running but to what extent, wonder why they could not enter the water running apartment instead of yours. Clogged drains can pose a emergency if water is flooding  if  people live underneath and electrical devices  around. I think their entering was warranted

LovesTheConstitution · Answer

What was the loss you suffered that you would recover in the lawsuit?  I do not see you successfully suing for money in this case.

You may want to cancel the lease because they had failed to uphold their obligations under the contract.  Consult your attorney for help.  This is not something you are likely to win without the advice from your lawyer.

Marvinator · Answer

Well i wouldnt say sue him....but let him know that if it happens again you will pursue legal actions bc thats a major invasion of privacy, and if hes a douche when douche when you tell him that then sue him lol

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I want to sue my landlord. Good idea?

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