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Those systems are installed ny the OWNER. LK was not an owner. She had no right to bug property she did not own. It is illegal.
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She seemed to acknowledge that she did not have permission and did it anyway.
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Remember her talking about dismantling MBs systems?
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Good question. But would a common area be considered private? As tenants and boarders they had full access to the property. The barn owner could tell them to remove anything outside of their unit. That would have been a reasonable action in a climate where, to me, no one had any sense except Tarshis and even he was seemed twitchy about the recordings. Understandable. The environment sounded awful for all parties.
I’ve lost track of the timeline.
Was that interaction known or addressed during the criminal trial? Or should it have been brought up separately?
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I know. Y’all are such a bad influence on me. I’ll try to do better. Just ignoring your jibes is an excellent exercise. Thank you! 
However, it would really help if you would be nice too.
I don’t recall hearing of this event at the time of the trial. Only recently with the filed papers we’ve just read. I’m sure if someone did hear of it they will let us know.
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This x 1000
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If not he’ll be lurking at the doors and keyholes! /s
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Yes. With a straight face under oath, no less.
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So why didn’t she leave instead of Finishing the Bastard? Tell us, @hut-ho78 how would you have behaved if you were Lauren Kanarek, student of Olympian Michael Barisone from April - August 2019?
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Please clarify what you are referring to here… especially the “educational” parts… ??? What business model?
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I wonder if hamsters throw up.
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If it didn’t happen in that video, I’m guessing probably not.
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In regards to MB or his possible designee entering the living quarters of RG and LK.
Right of Entry
Right of Entry
In general, a landlord does not have the right to enter a residential rental premises without consent of the tenant or a judgement from the Superior Court of New Jersey. There is no case law in New Jersey that either requires a tenant to give a landlord a key or prohibits a landlord from keeping a key to a rented unit. The landlord does not have the right to come into the dwelling unit whenever he or she wants to enter. However, the courts have generally approved lease provisions that require the tenant provide the landlord with a key citing emergency circumstances where the lack of a key could result in the loss of life or property in the case of an emergency. Unless otherwise clearly stated in the lease agreement, a tenant disputing the landlord’s right to a key can simply refuse to provide the landlord with a key. The landlord may then seek an action for eviction based on the tenant’s refusal to provide the landlord with a key. The court may deny the landlord the right to have a key if the tenant can prove that the landlord has abused the right to enter the premises. Moreover, the landlord may be liable to the tenant for damage or stolen property if the landlord is known to have a key and known to enter the rental unit when the tenant is not home. In a written lease, the landlord’s duty not to enter the premises in called the covenant of quiet enjoyment which means that the tenant can control who may or may not enter the dwelling unit (N.J.S.A. 2A-39-1).
A landlord shall be guilty of an unlawful entry and detainer if they enter the rental premises peacefully or forcibly and then detain or keep possession of the property or take the property by force, the threat of force, or remove the tenant’s personal property without consent of the tenant or a judgment from the Superior Court of New Jersey. With the exceptions noted above, if a landlord enters a tenant’s unit while the tenant is not home, without the tenant’s permission, it is forceable entry (N.J.S.A. 2A:39-2). If a tenant willfully and without force holds over or remains at the property after they have been given a written notice demanding delivery of possession (Notice to Quit) of the rental premises from the tenant to the landlord, the tenant shall be guilty of an unlawful detainer. If the tenant is found guilty of an unlawful detainer, the tenant shall pay the landlord double the rent for the holdover time that the tenant possesses the premises (N.J.S.A. 2A:39-2).
Filing a complaint for unlawful entry and detainer
Any legal action for a forcible unlawful entry and detainer, forcible detainer, and unlawful detainer shall be brought before the Superior Court, and the court may hear and make a determination in that action. If a landlord enters the rental premises unlawfully, a trespass complaint may be filed by the tenant with the local police department, under the New Jersey Criminal Code for “defiant trespass” (N.J.S.A. 2A:39-6).
A tenant or landlord depending on the judge’s decision shall be entitled to possession of the real property and shall recover all damages that may have been caused by the unlawful entry
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and detainer, including, court costs and attorney’s fees. When it is not appropriate to return the person to possession of the premises, treble (3x) damages shall be awarded (N.J.S.A. 2A:39-8).
More on Repair and Deduct
Remedies if the landlord fails to maintain the property in a habitable condition
- Repair and Deduct
If the landlord does not keep the premises in a habitable condition, a tenant may repair any vital deficiencies and deduct the amount of the repair from the rent. The landlord’s failure to maintain the property could also lead to what is called a constructive eviction by the tenant (see below for explanation). The tenant may seek rent abatement (a reduction in rent) or withhold the rent or a portion of the rent if the property is not habitable (Marini v. Ireland, 56 N.J. 130 (1970); Dowler v. Boczkowski, 148 N.J. 512 (1997))
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Before applying the remedies of repair and deduct, constructive eviction, rent abatement, or withholding the rent or a portion of the rent, the following must apply:
- The defect must be of a “vital facility.” Vital facilities are those items necessary to make the rental unit habitable. Example of defects of vital facilities include broken toilets, no hot or cold water, lack of heat or electricity, broken windows, or air conditioning.
- The tenant must not have caused the condition.
- The tenant must have notified the landlord that the deficient condition existed and allowed
the landlord adequate time to fix the defect. Notice to the landlord should be given by the tenant in writing and by certified mail, return receipt requested.
A maintenance problem that does not threaten residents’ safety, or does not affect
habitability, does not provide a basis for rent withholding or repair and deduct. Rent withholding was authorized when the New Jersey Supreme Court held that the obligation of a tenant to pay rent and the obligation, (whether written or not) on the part of a landlord to maintain the property in a livable condition are mutually dependent (Berzito v. Gambino Rental Abatement, 114 N.J. Super. 124 (1971), 63 N.J. 460 (1973); Housing Authority of City of Newark v. Scott, 137 N.J. Super. 110 (App. Div. 1975)).
The New Jersey Supreme Court has permitted the self-help remedy of “repair and deduct.” A landlord promises at the beginning of a lease that the vital facilities needed to make the dwelling unit livable are in good condition and the property will be maintained. When there are defects in the vital facilities, a tenant must first notify the landlord of the situation and allow a reasonable amount of time for the landlord to make repairs or replacements. If a landlord fails to take action, a tenant may have the repairs made and deduct the cost from future rent. However, a landlord may still take a tenant to court for nonpayment of rent. As a defense, the tenant would have to prove the presence of defects, the failure of the owner to act despite having received reasonable notice, and the need to make repairs. In the event the matter goes to court, the tenant will very likely be required to deposit the full amount of the rent with the court. If there is a finding in favor of the landlord, in most cases, the unpaid rent must be paid by the end of the court day to avoid eviction.
If there are defects in the vital facilities and the landlord has not repaired them after receiving proper and timely notice from the tenant, the tenant may either seek a decrease in rent by court action or simply withhold rent. A landlord may bring an eviction action for nonpayment of rent. As a defense, the tenant must prove the necessity to make repairs and the failure of the landlord to act despite having received reasonable notice. To avoid possible eviction in the event the court finds in favor of the landlord, the tenant should save the amount of money withheld so that he will be able to pay it if ordered by the judge. It is advisable to set up a separate bank account for this purpose.
As to air conditioning, the Superior Court, Appellate Division has held that air conditioning that is part of the original tenancy may be considered a “vital facility,” and air conditioning failure affects the habitability of the premises. - Constructive eviction – Constructive eviction occurs when a tenant breaks the lease without penalties because the landlord is guilty of neglect or default, which makes the premises unsafe,
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unfit, or unsuitable for occupancy. Reste Realty v. Cooper, 53 N.J. 444 (1969), established the foundation for constructive eviction. If a tenant invokes the remedy of constructive eviction, and the landlord is found to be negligent in maintaining the rental unit, the tenant is entitled to the return of the security deposit and is not responsible for the rent for the balance of the lease or the cost of re-renting the property.
3. Rent abatement (reduction) – Upon entering into a lease, the tenant’s promise to pay rent and the landlord’s warranty of habitability are interdependent. In Berzito v. Gambino, 63 N.J. 460 (1973), the court held that a tenant claiming that the landlord did not maintain the property in a habitable condition may initiate an action to recover all or part of the deposit paid when the lease was finalized or all of the rent paid. If the court finds that the landlord did not maintain the property in a habitable condition, the tenant will be charged only with the reasonable rental value of the property in its imperfect condition during the tenancy.
4. Withholding the rent or a portion of the rent – If the landlord breaches his obligation of maintaining the property at an adequate standard of habitability, a tenant may withhold the rent or a portion of the rent to be used as a set-off, because of the deficient condition. If the landlord institutes an eviction proceeding for non-payment of rent, the tenant is entitled to use the landlord’s breach of obligation to provide a habitable residence as a defense and justification for the set-off (deduction of rental payment) (Marini v. Ireland, 56 N.J. 130 (1970))
5. Rent Receivership – The law promoting safe and sanitary housing for tenants of substandard dwellings (N.J.S.A. 2A:42-85 et seq.) was enacted after the Berzito decision. The law authorizes tenants in substandard dwelling units to deposit their rents with a court-appointed administrator for use in remedying defective conditions. If there is a difference in the market value of the premises in its defective condition and the amount of rent that the tenant paid to the court administrator, the tenant may be entitled to a rent abatement and may only be charged the reasonable rental value of the property in its imperfect condition. To use this remedy, a tenant or housing inspector may file a complaint in the court of the municipality in which the property is located.
Note: Not every defect or inconvenience is considered a breach of the warranty of habitability. Each case must be judged on its own facts. To avoid eviction, any rent withheld by the tenant should be saved and accessible in case the court requires the tenant to pay the outstanding rent.
In emergency situations created by the landlord or resulting from his negligence, the landlord may be responsible to bear a tenant’s expenses in obtaining alternative housing during the emergency. Expenses may be deducted from the rent. However, the expenses must be reasonable.
What a tremendous waste of time posting this was.
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That link at the bottom also covers Habitability. It shows how if a tenant doesn’t leave after a formal Notice of Eviction that they may be liable for double rent after the time they were legally required to vacate. It covers emergency eviction, what they are, the 3 day rule in depth. It covers that reprisals cannot be taken against renters who operated in good faith under the law to work with Habitability (such as “rent and deduct” or reporting Habitability issues to the appropriate enforcement agency.
It’s even a violation of civil rights to take reprisal. There is a question of further jurisdiction of federal courts or would that still be state court? State civil rights since it is in the law or does it come from a federal source? Interesting.
