Legal Opinion
Name:
Institutional Affiliation:
LEGAL OPINION
In New Jersey, a landlord is allowed to enter a tenant’s premises for maintenance purposes. The landlord must issue written notice within sufficient time. However, the tenant has the right to deny the landlord entry if there is a provision in the lease that allows the tenant to do so. In the video, the guy holding the phone (the “landlord”) wants the tenant to grant him permission to enter the house and do repairs so that he can resell the house. The landlord gave the tenant a 72-hour notice. The tenant comes and reads to him what seems like terms and conditions of the lease. He reads the part that says that the tenant can deny the landlord permission to enter the premises to do repairs. The tenant says that he is within his rights. The tenant is right in this scenario. However, as he acts within his rights, he prevents the landlord from making necessary repairs, thereby making potential buyers lose interest in the house.
There are rights that are conflicting. The landlord has the right to sell his house. This includes the right to do repairs in the house to raise the value of the house and get more money for it. The tenant also has the right to deny the landlord entry if there is a clause that allows him to deny the landlord entry. This requires the interpretation of a court of law of which right overrides the other, if any. The officer on the line has promised to ask the tenant to allow the landlord to do repairs in the house. This is a good method of alternative dispute resolution that allows both parties to solve their matter without having to go to court.
The officer on the phone is indeed biased for pointing out that he once arrested the landlord for something else totally unrelated to the matter at hand. Asking for the landlord’s address for no particular reason is prejudice towards the landlord. The officer shifts focus from the main subject and starts making allegations that maybe the landlord showed the officers on the scene a fake ID. The landlord’s ID is not in question. None of the officers on the scene has any doubts about the landlord’s ID. It is therefore discriminatory for the officer on the line to demand to know the landlord’s address. The landlord is right to express his fear that the officer will act in a manner that does not favor him instead of acting fairly, because of his bias.
The law in New Jersey does not prevent a tenant from changing the locks. It is advisable to seek permission from the landlord in writing, though it is not mandatory.
The officer works at the juvenile division. You are not a minor and I don’t think you have engaged in any crime involving a minor. Therefore, he has no reason to be on your tail. The cases that the officer built against you that were dismissed show that the officer has something against you. So far you have a good case. If you want disciplinary action to be taken against the officer, you’ll need more.
You allege that the officer has a history of falsifying reports. You need to show evidence that he falsified your report. If you find that he has falsified reports of other people, you need to draft profiles of those people and see if they have anything in common. If they are people of one particular race or color, you can properly argue discrimination.
When the officer came to search your house, did he have a warrant? If he had one, did you read it? I suppose his warrant was for something specific. You need to find it and see what the officer was searching for. I’m assuming that the discovery pertaining to the case was not one of the items. Therefore, the discovery was taken illegally. That’s abuse of power and due process.
If you clearly demonstrate the above, disciplinary action will be taken against the officer and your problems will go away.
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, we will be able to prepare the legal document within the shortest time possible.