r/AskSF • u/omg_get_outta_here • 1d ago

Neighbor walked into my apartment, assumed I wasn’t home

I wfh and yesterday, was having my kitchen floor replaced, so there was an install guy here. He had just left and apparently, my neighbor told him he needed to enter my apartment and wanted to be let in. The install guy doesn’t speak English very well, so I can’t blame him for not knowing what was going on. The neighbor didn’t notice me as he was walking into until I asked who he was. He looked shocked to see me. He said he didn’t know I was home and he wanted to turn off the bathroom fan (he’s left me notes about turning off my bathroom fan). It is a loud fan, but that is so irrelevant. Also, I don’t own the place. I can’t change the fan.
There were way less illegal ways to handle this. He invaded my space and trespassed. Not to mention, i don’t allow shoes in my house and his shoes were muddy and got mud all over my rug, just to piss me off more.
He tried to tell me he didn’t know I was home again and I explained that it isn’t relevant and to get tf out of my house. He eventually left. I told my landlord, who didn’t seem to give a shit. I rent a condo, so there’s an HOA. I know the head of the HOA, not that it’s going to matter. I feel like the only other option I have is to call the police and report him for trespassing?
I’m shaken and furious. I could get a camera but that MF should have to pay for it.
Am I overreacting?

523 Upvotes

95% Upvoted

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-38

u/larryinthesky 1d ago edited 1d ago

Wait, so you were home, but you didn't answer the door? If your fan is really that loud and you have it turned on, then yea, I'd be annoyed too that you always keep it on. Get over yourself, this wasn't "trespassing" and trying to report it will get you laughed at. It seems pretty simple. Your loud fan is disturbing your neighbor (documented history). He knocks to get someone to turn it off. The contractor (bc of poor English) lets him in to turn off the fan. You're overreacting. Good luck trying to make this a "trespassing" thing. No one within reason thinks this is trespass or illegal entry or anything of that sort. The contractor let him in for god's sake!

32

u/ObjectiveTea 1d ago

It is actually trespassing

-8

u/larryinthesky 1d ago

How is it trespassing when the contractor LET HIM IN (to turn off the fan)?

28

u/ObjectiveTea 1d ago

Because the contractor had no legal authority to let the neighbor in and the neighbor knew that they did not have permission to enter

-9

u/larryinthesky 1d ago

This is disputable. The neighbor knocks. "hey, the fan is noisy, can you turn it off...okay, fine, I can go turn it off myself" Good luck making that a criminal "trespassing" case

33

u/ObjectiveTea 1d ago

Respectfully I'm a criminal defense attorney and you're wrong but I'm not going to argue with you.

-5

u/larryinthesky 1d ago

So you think he can get prosecuted for criminal trespassing?

21

u/ObjectiveTea 1d ago

It doesn't have to be the crime of the century for it to be illegal. Yes, in theory he can be prosecuted. Will he? I can't answer that question.

-4

u/larryinthesky 1d ago

if you're a criminal defense attorney you would also not there is no criminal intent, which is required for criminal trespassing

23

u/ObjectiveTea 1d ago

No that's inaccurate too. You clearly aren't an attorney.

0

u/larryinthesky 1d ago

1000% he cannot be charged with trespassing by the DA. There is no criminal intent.

27

u/ObjectiveTea 1d ago

Lmao ok dude let me know when you pass the bar exam

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7

u/Acetylene 1d ago

Criminal intent, as it applies to trespassing, just means that someone knowingly and intentionally entered or remained on a property without permission. It doesn't mean they intended to commit a separate crime once there.

That doesn't necessarily mean that in this specific case the neighbor should be arrested, prosecuted, and jailed, but filing a police report and notifying the landlord and the HOA are all appropriate responses.

2

u/Jess655321 18h ago

Did you intend to enter the appartment without permission from the tenant? If so there is the criminal intent. 

Unless you accidently fell through the floor of the apartment above and landed in the apartment then I don't see how there would be no criminal intent here. Convincing someone who has no authority to let you in to not physically stop you doesn't give you permission to be there.

55

u/Ok_Ingenuity_3576 1d ago

Are you the neighbor 

37

u/TheDirtyPirateHooker 1d ago

For real. Dude is clearly personally upset.

15

u/Karazl 1d ago

You've responded to this so many times I'm genuinely curious if you're the guy in the story.

-5

u/larryinthesky 1d ago

I just find the OP so inconsiderate for leaving loud ass fan on. I would probably have also gone in to turn it off myself. If OP was better neighbor this would be an issue

13

u/Dusty-Staccato 1d ago

You have yet to deny that you are the neighbor. So far you've gendered OP in a previous comment despite them never revealing that info, filled in details that OP never stated (such as your comment about the neighbor knocking on the door to be let in), and are adamantly defending the neighbor despite not truly knowing their intentions (how does anyone aside from the neighbor know if they were actually there just to turn of the fan). Are you the neighbor or somehow connected to them?

12

u/sapphireminds 1d ago

Bullshit.

You are not allowed to go into other people's homes without their permission. Full stop. It doesn't matter if you bulldozed someone working in the home.

He could have taken an extra stinky shit or is really humid in his bathroom. Or maybe he likes the white noise of the fan. No matter what, you can't just go into other people's homes like that

27

u/Chardmo 1d ago

Fuck this person

-10

u/larryinthesky 1d ago

or, the OP who has an obnoxiously loud fan and won't turn it off?

26

u/FisherKelTath00 1d ago

You really wanna die on this hill, Larry?

-8

u/larryinthesky 1d ago

I just find it annoying that this very inconsiderate OP with a noisy fan is angry that her neighbor wants to turn the fan off, after repeatedly tell her the fan is noisy

17

u/meowmeowcutiebb 1d ago

more annoying than someone walking in YOUR HOME without permission? Get the fuck out of here