Whoosh.

Legal recourse? Hes trespassing. Simple as that.

Sue the ever loving shit out of Landlord and neighbor.

Report Pedo neighbor to his probation dept. (assuming he’s a convicted pedo) Demand they file to revoke.

If the neighbor is a registered sex offender, and the renter has not agreed to allow the neighbor into the residence of the children, the the offender is certainly violating his terms of parole.

If the landlord knows that he is renting to a family with young children, and has asked a sex offender to enter the residence, then chances are there is some sort of charge that can be brought against the landlord.

In the end though, the safety of the children is the most important. Call the police and let them sort it all out. No matter what, two children should not be neighbors to a sex offender, so dude/dudette needs to move. Trying catch the neighbor trespassing is playing with fire. What if you do catch him, but the manner in which you do it is unusable by police? What if you catch him and the DA is not interested in pressing charges for any number of reasons? Dude needs to get the fuck out and break the lease if he has to. The landlord would never stand in front of a judge and answer why he expects the lease to be upheld in light of what he has asked a sex offender to do.

Seriously, call the police. Let them do their job. What if the sex offender picks some other random little girl off of the sidewalk tomorrow, when he would have had his parole revoked had dude just called the police and reported the trespassing? Could you live with that?

Ze voosh effect.

Well this is surely fucked UP.

I have read a little American property law, and those who’ve said previously ‘you must be given notice that someone will be entering your home’ were absolutely right.

Person X should find somewhere else to live, IMO, and also probably sue etc.

I’m another law student. NilesJay’s analysis is well-put. Ultimately, I would give you the same advice I give everyone seeking legal advice on a forum–seek an actual attorney who is working in your location.

The advice to contact the police or district attorney is spot on, but one thing I would add is that you should look into tort damages because of the position that the landlord put you in. If you can establish that he negligently caused you some sort of harm, he may be liable for additional damages.

[quote]OctoberGirl wrote:

[quote]TheBodyGuard wrote:

[quote]Squiggles wrote:
I know there are landlords/lawyers on here, and I was hoping to pick your brain.

Let’s pretend this hypothetical situation is real:

Person X is renting a house. His landlord lives out of state and never bothers him. Person X discovers that Landlord is related to his (Person X’s) next-door neighbor, and that said neighbor is a pedophile. Person X also learns that Landlord gave Pedophile Neighbor a key to the rental house with instructions to sneak inside when Person X isn’t home and see what heÃ??Ã?¢??s up to. Person X discovers that Pedophile Neighbor has been sneaking into his home for three years.

Person X has two young daughters.

When Person X goes to the police with a security camera recording of Pedophile Neighbor sneaking into his home, and also irrefutable evidence that Landlord gave Pedophile Neighbor a key to the property knowing that Person X has daughters and that Pedophile Neighbor is a pedophile, what would be the legal ramifications for the Landlord?

Thanks for the help![/quote]

If pedophile did nothing wrong, what issue is there that he’s a pedophile? If however, by gaining access to your home, and he did something inappropriate with your daughters, the landlord would certainly bear some liability. That aside, I’m pretty sure landlords have the right to inspect the property whenever they like (depending on the lease; read the lease agreement) and he can certainly appoint someone like a relative to do that. Most leases do not require that the renter by home either. Check your local landlord/tenant laws. I think the pedophile issue is a non-starter though b/c you are not alleging any inappropriate conduct. [/quote]

wow…

okay no one is allowed to enter your premises without your permission unless it is your landlord and you have agreed to such conduct.

not sure where BodyGuard is going with this. Your rights were violated. You did have the right to call the cops on your landlord if he or she allowed this.

Here in San Diego there is a large number of free consultation lawyers you can contact. Why don’t you see if any of your landlord/tenant attorneys in your area have a free consultation. Heck here in San Diego the Tenant attorneys advertise really well.

very sorry for your situation. You should check you white/yellow pages for tenant free clinic. Here in San Diego there are a few places you can go with no cost to you.

[/quote]

not sure where the “wow” is coming from. unless it’s a state law, landlords do have the right to enter property and appointing someone to do it is no different than a managing agent doing it. i’m not sure about notice requirements, but like I said, check your lease or state law. and again, at the end of the day, what are your damages? what is the goal? there are no damages, so what do you need a lawyer for? if the law was violated, call the police.

[quote]Squiggles wrote:

[quote]TheBodyGuard wrote:

[quote]Squiggles wrote:
I know there are landlords/lawyers on here, and I was hoping to pick your brain.

Let’s pretend this hypothetical situation is real:

Person X is renting a house. His landlord lives out of state and never bothers him. Person X discovers that Landlord is related to his (Person X’s) next-door neighbor, and that said neighbor is a pedophile. Person X also learns that Landlord gave Pedophile Neighbor a key to the rental house with instructions to sneak inside when Person X isn’t home and see what heÃ??Ã?¢??s up to. Person X discovers that Pedophile Neighbor has been sneaking into his home for three years.

Person X has two young daughters.

When Person X goes to the police with a security camera recording of Pedophile Neighbor sneaking into his home, and also irrefutable evidence that Landlord gave Pedophile Neighbor a key to the property knowing that Person X has daughters and that Pedophile Neighbor is a pedophile, what would be the legal ramifications for the Landlord?

Thanks for the help![/quote]

If pedophile did nothing wrong, what issue is there that he’s a pedophile? If however, by gaining access to your home, and he did something inappropriate with your daughters, the landlord would certainly bear some liability. That aside, I’m pretty sure landlords have the right to inspect the property whenever they like (depending on the lease; read the lease agreement) and he can certainly appoint someone like a relative to do that. Most leases do not require that the renter by home either. Check your local landlord/tenant laws. I think the pedophile issue is a non-starter though b/c you are not alleging any inappropriate conduct. [/quote]

Um, I’m not even sure how to approach this post.

First, I would just like to repeat: A CHILD RAPIST was given keys so that he could unlawfully enter a house where two young girls in the age range of the girls he RAPED for two years live and sleep. He entered the house unlawfully for THREE YEARS to pick through the renter’s personal belongings and gossip about it to the landlord.

He did a lot of things wrong.

  • He violated his parole.
  • He trespassed, as he isn’t an agent of the landlord.

There have been some other issues, none of which can be proven and therefore aren’t relevant at this time.

The landlord also facilitated trespassing for three years by having this man – a pedophile to boot – sneak into the rental to poke around in personal belongings. This is against the law. The only time he could have someone go in is if he had a valid reason and gave a minimum of 24 hours of notice.

In terms of my entire reason for posting: I’m trying to find out if anybody knows if the LANDLORD will be held accountable for giving a convicted child rapist secret access to a rental unit where children reside. For example: Is this facilitating child endangerment? The renter already knows he has enough evidence to get the neighbor/landlord on trespassing, but that’s not what he cares about anymore – he’s a dad who is enraged that his landlord gave a child rapist illegal access to his sleeping children every night for three years. I couldn’t find any info on this on my own, so I was hoping someone here would know the answer.[/quote]

no one was home; how did he violate his parole? he IS an agent of the landlord if the landlord appointed him. if you don’t like the answer, don’t ask the question! :slight_smile:

if its against the law in your state, then you’re answering your own question; so call the police and report it.

as for the landlord culpability, is he has bugs in the house and such, sounds like he’s up to no good. there is no child endangerment if the guy is not going in the house when no one is home. the pedophilia is a nonstarter (although an alarming issue). he did not access the house “while they were sleeping” at least that’s not what your post said. call the police. end of story.

[quote]fighting_fires wrote:
off topic question for BG out of curiosity- lets say the landlord and renter had agreed to checks on the house. now lets say they also agreed on a third party checking, would the landlord and or the third party have to inform the renter that the third party was a convicted child rapist? im curious because it seems like that is information that would have to be brought to the renters attention no? [/quote]

you’re getting into a potential liability issue that contemplates a potential wrongful act that occurs in the future. for instance, if he provided access, didn’t notify anyone, and the person committed a crime consistent with his criminal past, he’d be liable under a number of tort theories. i’m not convinced he has to notify the renter of the history anymore than any employer is required to notify its customers of any employee’s criminal past (they are not); it’s more an issue that the employer is accepting responsibility for any wrongful act that employee commits and placing that employee in a position where they’d be around children (while acting on behalf of their employer) is indefensible if something were to occur.

[quote]TheBodyGuard wrote:
not sure where the “wow” is coming from. unless it’s a state law, landlords do have the right to enter property and appointing someone to do it is no different than a managing agent doing it. i’m not sure about notice requirements, but like I said, check your lease or state law. and again, at the end of the day, what are your damages? what is the goal? there are no damages, so what do you need a lawyer for? if the law was violated, call the police.[/quote]

The “wow” is obviously in regards to your nonchalant acceptance of a sex offender entering the residence of young children. That is a danger to the kids and needs to be stopped. There are reasons why sex offenders cannot go close to schools, parks, beaches etc.

[quote]borrek wrote:

[quote]TheBodyGuard wrote:
not sure where the “wow” is coming from. unless it’s a state law, landlords do have the right to enter property and appointing someone to do it is no different than a managing agent doing it. i’m not sure about notice requirements, but like I said, check your lease or state law. and again, at the end of the day, what are your damages? what is the goal? there are no damages, so what do you need a lawyer for? if the law was violated, call the police.[/quote]

The “wow” is obviously in regards to your nonchalant acceptance of a sex offender entering the residence of young children. That is a danger to the kids and needs to be stopped. There are reasons why sex offenders cannot go close to schools, parks, beaches etc.
[/quote]

I was not “nonchalant”. I have an analytical mind by birth and trade and I quickly get to the meat of the matter. There are sex offenders among us living in our neighborhoods, that’s just a fact.

If no one is indeed home as has been alleged, what does the sex offender status have to do with it? You believe there are no plumbers, electrician, carpenters, technicians, etc. etc. etc. that are sex offenders that enter homes with small children? If he’s there to inspect the house (when no one is home or, when someone is home) as an agent of the landlord, what does his sex offender status have to do with it (as the OP was originally written - to which my reply was in response to)?

If the law was broken by unauthorized access or access without proper notice, that’s the sole legal issue, not his pedophilia (alleged pedophilia). How is he violating the terms of his parole if the landlord legally appointed him to inspect the property? No one is home; he’s not “around” small children.

There’s one issue here as I see it and anything else is speculation; does the landlord or the agent of the landlord have a legal right to enter the property with or without notice. After reading her follow up, it seems like the allegation he is in fact entering the property is not even established. There seems to be a “suspicion” with no proof. And there seems to be a “suspicion” that he is up to no good and, that the landlord is somehow complicit in the alleged nefarious contact (emphasis alleged). And given that we do not even know that he was in fact in the house, we have no evidence that he has a key either.