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Re: Process Server: trespass

Posted by link on August 01, 2001 at 23:23:24:

In Reply to: Reply to Lilly Re: Process Server posted by Dayann on August 01, 2001 at 09:31:58:

: I rent the first floor apt. of a private 2 family house. The LL does not live in the house, but across the street from us in another house which she also rents out. In order to get to my apt. you have to use a key to first get into the house, and then use another key at the apartment door. The landlord gave the process server the keys to both the house and my apartment. The process server then used the keys to open the front door of the house, and proceeded to go down the hall, bang on my door, and he was in the process NOT of taping the papers to my door, but of using the landlords keys to OPEN the apartment door, when I opened it for him and took the papers. When I asked the process server how he got into the building, he held up my landlady's keys (I recognized the keychain) and said "your landlord".

: I was actually very happy to get the Notice of TErmination and even offered the guy a glass of iced tea and asked him if he wanted me to sign something proving that I got the papers. I said, "I bet I'm the nicest, most cooperative person you served today." He nodded, laughed, said yes, declined the cold drink and left.

: My question is was it legal for the LL to give the process server the keys to the house instead of going with the process server and opening the door for him. Was it legal for her to give him the keys to my apartment, and was it legal for him to TAKE the keys to my apartment from her?

: Doesn't seem legal, for the LL to give the keys to both the building and the apt. to third parties especially if she isn't supervising them.

Keys to the house = OK. Keys to your apt and he used them is not OK, it is illegal. What to do? dunno: file attempted trespass against him and the landlord at the police station, they'll probably write it up as 'harassment'.

About altering the Termination Notice: can't do it: the one filed in court has to be exactly the same as the one you got, probably reason for dismissal: see the 'pro se' or other attorney.

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