threatened to be physically removed from my apt.by maint. man

[sonya chappell]

today i locked myself out of my apartment and called maintainance to bring me a spare key. (3:45)i was told that he didn't know if they had one and that i would have to call a locksmith. I then asked him if they had a ladder so icould climb up to my patio to get in through the balcony. i was then told that he would then go the office to see if they had a spare key. an hour later i called them back and he still hadn't gone to see. One half hour later, he called me back and said that he found one. when i met him at my door it was opened and he said that it was going to cost me. I then asked him how much and he told me the price(25.00). I got out my check book and asked him if i should make it out to my apt. management co. He said i should make it out to petty cash. i told him i wouldn't do that, so he says to make it out to him. i told him the only party i would make it out to was the management co. He got angry and stepped toward me and told me that i would make it out to him or he would take me outside, lock the door and make me call a locksmith. he then said a few swear words and i told him he had better leave. what should i do about this?

 

[Tracey]

It sounds like you got the key and are in the apt, so your main problem has been solved. You were absolutely right to refuse to give him money directly. He was acting as the landlord's agent, and he has to turn all money over to the landlord. If he had locked you out of your apt, you likely would have been entitled to some very large damages under your state's residential landlord tenant act.

1. Call the management and file a formal written complaint against him, for the way he intimidated and threatened you. Ask if the $25 fee is policy (in which case it has to be in your lease), or if he was just trying to make you pay him for doing the job for which management already pays him a salary. If it is the policy, pay the management company and get a receipt.

2. If you were frightened that he'd hit you or grab you, or if he (tried to) touch you, you can file charges against him for assault (probably 4th degree). Guess what? Since he was acting as management's agent, management is liable for his actions and you can sue management for damages in civil court.

You may also be able to file a complaint for attempted extortion (using force or the threat of force to make someone do something against their will). Same liability rules apply.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.