Roommate did not pick up the call, instead allowing it to go to voicemail. The message that was left consisted of the Landlord wanting to “sit down and discuss the problems we are all having.” He said that he understands that we may have some problems with his partner, but that he did not want this to become a big issue. The problem with his message is that Roommate and I are not as dense as we apparently have come across. We know that Landlord was the one who went to an attorney, and directed said attorney to draft and send a letter to Roommate and I. He is the one who elevated the whole issue.
In response to the call, and because I had told Attorney that we would no longer communicate with he or his client orally unless it was in court, the only option we had was to send an email to Attorney regarding his client’s contact with us.
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From: Tennants
To: Mr. Bad Attorney
Subject: Re: Landlord
We wish to inform you that your client, Landlord, has contacted us. Inasmuch as we would like to solve the problems that have been presented, we cannot ethically engage in conversation with your client or his agents. As was discussed during our telephone conversation, in order for us to have any interaction with Mr. Landlord or his agents, we need a signed document, from you, stating that you give permission for direct communication to occur.
We would also like to reiterate that the plethora of needless and bothersome contacts from your client need to cease immediately. As we have previously stated, we are attempting to study for finals and need an atmosphere that is without any extraneous and undue influences. The sheer number of calls and contacts, alone, when we have requested that they desist, are bordering on harassment. We hope that your client and your client's agents will respect our right to the quiet enjoyment of our residence and lives.The level of anxiety and aggravation that your clients have caused, as well as the time we have superfluously spent, are already far too much. We trust that you will counsel them as to the results of their actions.
We look forward to resolving this matter in full, in a way that is agreeable to your client as well as ourselves.
I thank you for your time and effort on these and all other issues.
Very respectfully,
TENNANTS
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We received no response to the email Friday.
When Sunday came around, I was fairly certain that the Landlord or his agents would show up to carry out their open house. Having become rather adept at legal research, I quickly oriented myself as to the state statutes for criminal and civil trespassing. I realized that in order to prove criminal trespassing, it must be shown that the accused trespasser knew they were entering property on which they were not allowed. Civil trespass, on the other hand, does not demand knowledge of actions, the action itself suffices. I did not want them to skate on the fun criminal trespass would yield, so I took measures to ensure the trespassers knew they were entering a restricted area. I took one measure, to be exact: I posted a rather conspicuous sign on the front door of my home that said the following in large, bold type:
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NO TRESPASSING
Under New York Penal Law §10.03, §140.00(5) and §140.05, Entering or Remaining In or Upon the Premises Without Permission Constitutes Criminal and Civil Trespass, and is a Violation of the Law.
Violators Will be Prosecuted
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Roommate and I disagreed about the posting of a sign with the above printed on it. She thought it would make things worse. I told her that the law basically required such a move be made by us. She also was not planning on being home during that time, so I was on my own. The sign went on the door.
No open house was held.
This was a positively great occurrence. I had to study for my first finals (Civil Procedure II and Contracts), and wanted no distractions. Calling the police and dealing with dumb people was not really on my to-do list for the day.
I studied. And studied. And Studied. This process will continue for nearly three weeks more. The stress, and cabin fever build up to be quite immense.
On Monday, an email response from Bad Attorney arrived in my inbox.
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To: Tennants
From: Mr. Bad Attorney
Tennants,
It appears that you had a lot of time to spend on letters and e-mails to me that could have better been spent on studying for final exams, and they probably took longer than the two hours it would have taken for Mr. Landlord to have his open house. Your research indicates that you are more interested in going after me and Mr. Landlord, rather than to explain any legal basis for your opinions on real estate law.
Mr. Landlord is the landlord and the owner of the property. He has every right to contact you.
Nonetheless, as I stated in the Fed Ex letter you should be receiving today, I am going to be discussing the situation with Mr. Landlord this week to determine his future course in this matter. We both agree that this should be resolved-- you do not need a dispute with me and my client and I don't need one with you.
- Mr. Bad Attorney
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Where Roommate was once the pacifist in this situation and I was the bull, Roommate grew horns upon receiving this response. I, on the other hand, wanted to give peace a chance. We had instantly switched placed in this whole dance.
Monday brought forth my final Property Law class. It seems the Professor had grown quite attached to the class and the students. This was not overly surprising, as she regularly revealed her enthusiasm for this class during her lectures. As the class began, the professor started giving a speech about how she loved the class and hopes we will all stay in contact with her as time passes. During her speech, she started tearing up. It was very touching.
In other interesting news (literally), I was appointed the Editor of the Law School newspaper by the current, outgoing editorial board. I was caught very off-guard by the selection, as I had forgotten about the student run organization. As I told one of my buddies, when it pours, my life becomes cats and dogs. Should be quite interesting running the First Amendment publication.
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