Can a landlord let the police into a tenant’s apartment without the tenant’s permission to arrest someone who is there?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord let the police into a tenant’s apartment without the tenant’s permission to arrest someone who is there?
The warrant for arrest was issued in a different county and the police came to an acquaintance’s apartment to arrest said individual. This person was not on the lease and had never used this address as a place of residence. This was for a non-violent offense.
Asked on November 24, 2015 under Criminal Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It depends on the precise circumanstances: if there was reason to believe that a person sought on a warrant was in the apartment (it wasn't just a "fishing expedition," but there was some good reason to believe he was there) and that unless the police arrested him shortly, he may move or disappear, then those "exigent" (urgent) circumstances relating to public safety and the police function would justify the landlord allowing access.
Even if, under these circumstances, it wasn't justified, there is nothing to do about it: 1) it won't affect the validit of the arrest; 2) one violation of the tenant's quiet enjoyment doesn't let him/her terminate the lease or avoid paying rent; 3) the courts won't give the tenant any compensation for this.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.