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Thread started 11/10/08 6:31am

CarrieLee

Renter's Rights

So apparently my landlord was in my apartment without notifying me first. Is this legal? I had called him to see if he could have my bedroom painted and he said he would be in contact with me in a couple of weeks. A month and a half goes by without hearing from him and then I see him yesterday. I asked if he would like to see the bedroom and he replies with "I already showed Steve (the painter) your room and we decided it would take a few days". I felt really uncomfortable with this and caught off guard so I didn't really know how to react. The more time that has gone by the more furious I am.

My boss seems to think that notifying me is a 'courtesy' but I disagree. I pay my rent on time every month and I expect to have my privacy.

Any suggestions on what I should do?
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Reply #1 posted 11/10/08 6:34am

JerseyKRS

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Unfortunately, you don't have any legal recourse. It is, in the eyes of the law, not necessary for him to get your permission to enter HIS property.


Incredibly rude, but not illegal.


hug



Was there anything bad around?? That shit would suck. nod


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Reply #2 posted 11/10/08 7:01am

CarrieLee

Actually I just looked it up.

C. Access

A landlord must give a minimum two-day verbal or written notice when needing to enter a tenant's rental unit. Entry should be during reasonable hours and only for such legitimate business reasons such as inspections, repairs, alterations, improvements, supplying necessary services, or showing the unit to potential buyers or renters. Only under extreme circumstances, emergencies or as provided for under RIGL 34-18-39 (failure to maintain) or 40 (remedies for abandonment) can the landlord enter without notice or a court order. Right of entry must not be abused or used to harass the tenant. If such actions take place, or the landlord enters without notice (note aforementioned exceptions), the tenant may go to the local district court to seek injunctive relief to prevent reoccurences, or terminate the renal agreement (see 5A).


Now wtf do I do? sigh
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Reply #3 posted 11/10/08 7:12am

CarrieLee

JerseyKRS said:

Unfortunately, you don't have any legal recourse. It is, in the eyes of the law, not necessary for him to get your permission to enter HIS property.


Incredibly rude, but not illegal.


hug



Was there anything bad around?? That shit would suck. nod



As far as anything 'bad' around....I'm sure I had some paraphernalia on the coffee table and a few bras and underware on the floor.

Also something else creepy and GROSS, one day I came home and found a weird hair in my sink....I was trying not to freak out so I just tried to forget about it. Now I'm totally freaked out again and feel violated. I don't want my rent to be raised but come on...I have rights too.
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Reply #4 posted 11/10/08 7:37am

JerseyKRS

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it may cost more money to do something, contact an attorney that will give a free consult. Or get a Rottweiler.


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Reply #5 posted 11/10/08 7:44am

CarrieLee

JerseyKRS said:

it may cost more money to do something, contact an attorney that will give a free consult. Or get a Rottweiler.



I'm just going to call him and ask that he gives me a day or two notice before he enters my apartment. I'm also going to tell him I felt very uncomfortable knowing people were in my apartment without me knowing it. I think that is fair and just...if he wants to be a dick and raise my rent then so be it, I'll move.
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Reply #6 posted 11/10/08 7:44am

XxAxX

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CarrieLee said:

JerseyKRS said:

Unfortunately, you don't have any legal recourse. It is, in the eyes of the law, not necessary for him to get your permission to enter HIS property.


Incredibly rude, but not illegal.


hug



Was there anything bad around?? That shit would suck. nod



As far as anything 'bad' around....I'm sure I had some paraphernalia on the coffee table and a few bras and underware on the floor.

Also something else creepy and GROSS, one day I came home and found a weird hair in my sink....I was trying not to freak out so I just tried to forget about it. Now I'm totally freaked out again and feel violated. I don't want my rent to be raised but come on...I have rights too.


this goes on more than anyone wants to admit. yes, you can make a legal case of it but in the end, you will pay attorneys fees and costs and will alienate your landlord in the process. if he already disrespects you, to what lengths will he go to retaliate? you never know. he might be a truly crazy bastard...

your best bet is to move to someplace where the landlord respects the law. good luck
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Reply #7 posted 11/10/08 7:44am

horatio

CarrieLee said:

Actually I just looked it up.

C. Access

A landlord must give a minimum two-day verbal or written notice when needing to enter a tenant's rental unit. Entry should be during reasonable hours and only for such legitimate business reasons such as inspections, repairs, alterations, improvements, supplying necessary services, or showing the unit to potential buyers or renters. Only under extreme circumstances, emergencies or as provided for under RIGL 34-18-39 (failure to maintain) or 40 (remedies for abandonment) can the landlord enter without notice or a court order. Right of entry must not be abused or used to harass the tenant. If such actions take place, or the landlord enters without notice (note aforementioned exceptions), the tenant may go to the local district court to seek injunctive relief to prevent reoccurences, or terminate the renal agreement (see 5A).


Now wtf do I do? sigh



maybe he came there with in a day or two of you calling.
i can see why one wouldnt want to waste time and gas tracking a tenant down if your in the area.
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Reply #8 posted 11/10/08 7:46am

CarrieLee

horatio said:

CarrieLee said:

Actually I just looked it up.

C. Access

A landlord must give a minimum two-day verbal or written notice when needing to enter a tenant's rental unit. Entry should be during reasonable hours and only for such legitimate business reasons such as inspections, repairs, alterations, improvements, supplying necessary services, or showing the unit to potential buyers or renters. Only under extreme circumstances, emergencies or as provided for under RIGL 34-18-39 (failure to maintain) or 40 (remedies for abandonment) can the landlord enter without notice or a court order. Right of entry must not be abused or used to harass the tenant. If such actions take place, or the landlord enters without notice (note aforementioned exceptions), the tenant may go to the local district court to seek injunctive relief to prevent reoccurences, or terminate the renal agreement (see 5A).


Now wtf do I do? sigh



maybe he came there with in a day or two of you calling.
i can see why one wouldnt want to waste time and gas tracking a tenant down if your in the area.



That's bullshit. He told me he would be in contact within two weeks and he never called. I just happened to run into him and then he tells me he was in my place. I have voicemail and he has my number.
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Reply #9 posted 11/10/08 7:50am

horatio

CarrieLee said:

horatio said:




maybe he came there with in a day or two of you calling.
i can see why one wouldnt want to waste time and gas tracking a tenant down if your in the area.



That's bullshit. He told me he would be in contact within two weeks and he never called. I just happened to run into him and then he tells me he was in my place. I have voicemail and he has my number.



does he have many complexes?

i mean i do think it a bit questionable just it being your sexy self and all.
on the other hand being a landlord can be overwhelming and time consuming.
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Reply #10 posted 11/10/08 7:58am

eraclito

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that's messed up, i would address it asap, the mf'er gotta learn to respect privacy...

landlords can not enter properties without their tennants permission over here in the UK..
are you ready for submission

cidade de deus
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Reply #11 posted 11/10/08 7:59am

Slave2daGroove

CarrieLee said:

Actually I just looked it up.

C. Access

A landlord must give a minimum two-day verbal or written notice when needing to enter a tenant's rental unit. Entry should be during reasonable hours and only for such legitimate business reasons such as inspections, repairs, alterations, improvements, supplying necessary services, or showing the unit to potential buyers or renters. Only under extreme circumstances, emergencies or as provided for under RIGL 34-18-39 (failure to maintain) or 40 (remedies for abandonment) can the landlord enter without notice or a court order. Right of entry must not be abused or used to harass the tenant. If such actions take place, or the landlord enters without notice (note aforementioned exceptions), the tenant may go to the local district court to seek injunctive relief to prevent reoccurences, or terminate the renal agreement (see 5A).


Now wtf do I do? sigh


As a landlord, this is exactly right and it changes a little state by state. You're right in telling him that you require a notice before he enters as it's the law. If he further harrasses you or raises your rent because of it you could take him to court (without a lawyer, it's your local court). Renters have all the rights in almost every state.

Being cool about it will be your best angle but you have to say something. I treat my renters like their a customer and anyone who pays their bills on time is a good customer in the rental biz.

twocents
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Reply #12 posted 11/10/08 8:04am

SCNDLS

avatar

CarrieLee said:

Actually I just looked it up.

C. Access

A landlord must give a minimum two-day verbal or written notice when needing to enter a tenant's rental unit. Entry should be during reasonable hours and only for such legitimate business reasons such as inspections, repairs, alterations, improvements, supplying necessary services, or showing the unit to potential buyers or renters. Only under extreme circumstances, emergencies or as provided for under RIGL 34-18-39 (failure to maintain) or 40 (remedies for abandonment) can the landlord enter without notice or a court order. Right of entry must not be abused or used to harass the tenant. If such actions take place, or the landlord enters without notice (note aforementioned exceptions), the tenant may go to the local district court to seek injunctive relief to prevent reoccurences, or terminate the renal agreement (see 5A).


Now wtf do I do? sigh

As a landlord, I know that every state's laws may be different, but my lease (which is a standard apartment lease) states that I can enter one of my properties without notice for any number of reasons, including for general inspections or repairs. If you signed a lease that says this, the landlord does not have to inform you in advance. I usually tell my tenants in advance unless I'm concerned about how they are maintaining the property and I want to do a surprise inspection. Also, I ALWAYS leave a notice saying that I was there if no one was home. Sadly, most people don't read their leases closely when signing. So, look at your lease to see what it says about the landlord coming in.
[Edited 11/10/08 8:06am]
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Reply #13 posted 11/10/08 8:29am

JerseyKRS

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I'm telling you, an angry dog would solve all of this!


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Reply #14 posted 11/10/08 8:35am

CarrieMpls

Ex-Moderator

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Maybe he doesn't think of it as any big deal since he said he would get back to you. Maybe he thought it was implied he'd be stopping by... Yes, it's creepy and yes he broke the law. But maybe just talking to him first to say, "hey, I need notice for the future" will be enough.
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Reply #15 posted 11/10/08 8:50am

horatio

CarrieMpls said:

Maybe he doesn't think of it as any big deal since he said he would get back to you. Maybe he thought it was implied he'd be stopping by... Yes, it's creepy and yes he broke the law. But maybe just talking to him first to say, "hey, I need notice for the future" will be enough.



biggrin carrie, your the best
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Reply #16 posted 11/10/08 8:51am

CarrieLee

SCNDLS said:

CarrieLee said:

Actually I just looked it up.

C. Access

A landlord must give a minimum two-day verbal or written notice when needing to enter a tenant's rental unit. Entry should be during reasonable hours and only for such legitimate business reasons such as inspections, repairs, alterations, improvements, supplying necessary services, or showing the unit to potential buyers or renters. Only under extreme circumstances, emergencies or as provided for under RIGL 34-18-39 (failure to maintain) or 40 (remedies for abandonment) can the landlord enter without notice or a court order. Right of entry must not be abused or used to harass the tenant. If such actions take place, or the landlord enters without notice (note aforementioned exceptions), the tenant may go to the local district court to seek injunctive relief to prevent reoccurences, or terminate the renal agreement (see 5A).


Now wtf do I do? sigh

As a landlord, I know that every state's laws may be different, but my lease (which is a standard apartment lease) states that I can enter one of my properties without notice for any number of reasons, including for general inspections or repairs. If you signed a lease that says this, the landlord does not have to inform you in advance. I usually tell my tenants in advance unless I'm concerned about how they are maintaining the property and I want to do a surprise inspection. Also, I ALWAYS leave a notice saying that I was there if no one was home. Sadly, most people don't read their leases closely when signing. So, look at your lease to see what it says about the landlord coming in.
[Edited 11/10/08 8:06am]


Nothing in my lease says that he can enter whenever he wants. It is creepy and he should have called me first. I have no problems him entering but a phone call would be nice.

I am going to call him and ask that he gives me 24 hours notice before entering. I am working full time and going to school 20 hours a week so I have been a little messy lately. No need for him to see dirty laundry on the floor!! I am also going to tape a highlighted copy of the renters rights on the inside of my door for him to see....as well as set up boobie traps to know if someone has been in my apartment again.
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Reply #17 posted 11/10/08 8:56am

CarrieLee

horatio said:

CarrieLee said:




That's bullshit. He told me he would be in contact within two weeks and he never called. I just happened to run into him and then he tells me he was in my place. I have voicemail and he has my number.



does he have many complexes?

i mean i do think it a bit questionable just it being your sexy self and all.
on the other hand being a landlord can be overwhelming and time consuming.



This is a big mansion with 16 apartments in it. He isn't there too often and it's all adults in the building...no kids. We all respect the property and do our part to keep the common areas clean. We respect him and his property, he should respect our privacy.
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Reply #18 posted 11/10/08 8:58am

horatio

CarrieLee said:

horatio said:




does he have many complexes?

i mean i do think it a bit questionable just it being your sexy self and all.
on the other hand being a landlord can be overwhelming and time consuming.



This is a big mansion with 16 apartments in it. He isn't there too often and it's all adults in the building...no kids. We all respect the property and do our part to keep the common areas clean. We respect him and his property, he should respect our privacy.



i would do what carrie said.
and get a teddy cam biggrin
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Reply #19 posted 11/10/08 9:10am

ColAngus

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i read this and i thought right away "thats not right" - i have a background in real estate and have been around landlord/tenants for 20 years etc ...

The landlord that responded i believe is right on ... i wouldnt make too big a deal ... and thank goodness something you didnt really want him to see wasnt out (dartboard with his photo , big black mamba vibrator etc ... ) but ... honestly ... if you are worried about him raising the rent ... i would keep it civil ... maybe just ask for 1-2 days notice (i think that would put him on notice also that you KNOW your rights ... ) just my .02 ... neutral
Colonel Angus may be smelly. colonel angus may be a little rough . but deep down ... Colonel angus is very sweet.
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Reply #20 posted 11/10/08 9:14am

horatio

ColAngus said:

i read this and i thought right away "thats not right" - i have a background in real estate and have been around landlord/tenants for 20 years etc ...

The landlord that responded i believe is right on ... i wouldnt make too big a deal ... and thank goodness something you didnt really want him to see wasnt out (dartboard with his photo , big black mamba vibrator etc ... ) but ... honestly ... if you are worried about him raising the rent ... i would keep it civil ... maybe just ask for 1-2 days notice (i think that would put him on notice also that you KNOW your rights ... ) just my .02 ... neutral



ooo, you can answer me this.

say your house is on the market and someone requests a showing.

say they bring their maybe 2 year old daughter and upon entering the home leave her on a landing in the side entry as the client and relator continue into living area.

Say her daughter , unattended in a strange home falls down the flight of stairs to the basement and dies, breaks a leg what ever.

who is responsible?
[Edited 11/10/08 9:15am]
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Reply #21 posted 11/10/08 9:15am

CarrieLee

ColAngus said:

i read this and i thought right away "thats not right" - i have a background in real estate and have been around landlord/tenants for 20 years etc ...

The landlord that responded i believe is right on ... i wouldnt make too big a deal ... and thank goodness something you didnt really want him to see wasnt out (dartboard with his photo , big black mamba vibrator etc ... ) but ... honestly ... if you are worried about him raising the rent ... i would keep it civil ... maybe just ask for 1-2 days notice (i think that would put him on notice also that you KNOW your rights ... ) just my .02 ... neutral



I don't know what was out when he was there...I just feel violated.

I will be civil with him, there's no doubt about that. However, I will be setting 'traps' in the future to know if someone has been inside, and if it happens again I will be looking for another place to live.
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Reply #22 posted 11/10/08 9:18am

horatio

CarrieLee said:

ColAngus said:

i read this and i thought right away "thats not right" - i have a background in real estate and have been around landlord/tenants for 20 years etc ...

The landlord that responded i believe is right on ... i wouldnt make too big a deal ... and thank goodness something you didnt really want him to see wasnt out (dartboard with his photo , big black mamba vibrator etc ... ) but ... honestly ... if you are worried about him raising the rent ... i would keep it civil ... maybe just ask for 1-2 days notice (i think that would put him on notice also that you KNOW your rights ... ) just my .02 ... neutral



I don't know what was out when he was there...I just feel violated.

I will be civil with him, there's no doubt about that. However, I will be setting 'traps' in the future to know if someone has been inside, and if it happens again I will be looking for another place to live.


i think your over reacting just abit.
think about it, if he was there un-announced you could easily show up at any moment unanounced to him. so he wouldnt want to be caught red handed going through your shit.
it would be in and out.
ive rented before, and the landlords typically dont like to hang around.
its uncomfortable for them also.
[Edited 11/10/08 9:19am]
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Reply #23 posted 11/10/08 9:20am

REDFEATHERS

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Yeah this happened to me too, and I was furious, cos I could have had jewellery/money/important documents in view, so I sought legal advice (along with other things I wasnt happy about). As soon as I mentioned I had spoken to a solicitor about it, he backed right off.
[Edited 11/10/08 9:23am]
I will love you forever and you will never be forgotten - L.A.F. heart
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Reply #24 posted 11/10/08 9:23am

REDFEATHERS

avatar

CarrieLee said:

ColAngus said:

i read this and i thought right away "thats not right" - i have a background in real estate and have been around landlord/tenants for 20 years etc ...

The landlord that responded i believe is right on ... i wouldnt make too big a deal ... and thank goodness something you didnt really want him to see wasnt out (dartboard with his photo , big black mamba vibrator etc ... ) but ... honestly ... if you are worried about him raising the rent ... i would keep it civil ... maybe just ask for 1-2 days notice (i think that would put him on notice also that you KNOW your rights ... ) just my .02 ... neutral



I don't know what was out when he was there...I just feel violated.

I will be civil with him, there's no doubt about that. However, I will be setting 'traps' in the future to know if someone has been inside, and if it happens again I will be looking for another place to live.



Yeah I know how you feel.. there have been times I have rushed out in a hurry to work, and could have underwear lying around, and the fact he has been in my room without my knowledge gives me the creeps. I wouldnt be surprised if he had installed cameras in my room, cos he seemed to know a hell of alot about me, that he couldnt possibly have known had he not been snooping around.

Yeah, sounds pretty foolish, but for your own piece of mind, you could set a few traps, at least then you KNOW for a fact he has been in your room.
In an ideal world you could change your locks, but I doubt you can without his permission anyway.. confused
I will love you forever and you will never be forgotten - L.A.F. heart
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Reply #25 posted 11/10/08 9:28am

CarrieLee

horatio said:

CarrieLee said:




I don't know what was out when he was there...I just feel violated.

I will be civil with him, there's no doubt about that. However, I will be setting 'traps' in the future to know if someone has been inside, and if it happens again I will be looking for another place to live.


i think your over reacting just abit.
think about it, if he was there un-announced you could easily show up at any moment unanounced to him. so he wouldnt want to be caught red handed going through your shit.
it would be in and out.
ive rented before, and the landlords typically dont like to hang around.
its uncomfortable for them also.
[Edited 11/10/08 9:19am]



I'm not overreacting. He knows my schedule, I told him. He should have called to say he was going to show the painter my bedroom. I have been paying my rent on time for the 4 years I have been living there and have never complained about anything. I am single, I live alone and coming home to weird hairs in my sink is a little bit disturbing. It's common courtesy and he should use it.
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Reply #26 posted 11/10/08 9:30am

REDFEATHERS

avatar

horatio said:

CarrieLee said:




I don't know what was out when he was there...I just feel violated.

I will be civil with him, there's no doubt about that. However, I will be setting 'traps' in the future to know if someone has been inside, and if it happens again I will be looking for another place to live.


i think your over reacting just abit.
think about it, if he was there un-announced you could easily show up at any moment unanounced to him. so he wouldnt want to be caught red handed going through your shit.
it would be in and out.
ive rented before, and the landlords typically dont like to hang around.
its uncomfortable for them also.
[Edited 11/10/08 9:19am]


I dont think it is over reacting at all. She is paying for that room/apartment, and he has no right to come in and allow anyone else in w/o her consent, permission, or without prior appointment.
I will love you forever and you will never be forgotten - L.A.F. heart
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Reply #27 posted 11/10/08 9:32am

CarrieLee

REDFEATHERS said:

horatio said:



i think your over reacting just abit.
think about it, if he was there un-announced you could easily show up at any moment unanounced to him. so he wouldnt want to be caught red handed going through your shit.
it would be in and out.
ive rented before, and the landlords typically dont like to hang around.
its uncomfortable for them also.
[Edited 11/10/08 9:19am]


I dont think it is over reacting at all. She is paying for that room/apartment, and he has no right to come in and allow anyone else in w/o her consent, permission, or without prior appointment.



It's for my own piece of mind. There are creeps out there and I live alone. I want to know when someone is in my apartment.
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Reply #28 posted 11/10/08 9:36am

REDFEATHERS

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CarrieLee said:

REDFEATHERS said:



I dont think it is over reacting at all. She is paying for that room/apartment, and he has no right to come in and allow anyone else in w/o her consent, permission, or without prior appointment.



It's for my own piece of mind. There are creeps out there and I live alone. I want to know when someone is in my apartment.



Exactly! and I would want to know if anyone had been touching my things.

Hey, why dont you get a spy camera, you can get them pretty cheap now.. and stick it in a teddy bear or book or something so you have a recording of anyone entering your room. Then you will know and can use it as evidence.


This ones pretty clever http://www.paramountzone....camera.htm
[Edited 11/10/08 9:38am]
I will love you forever and you will never be forgotten - L.A.F. heart
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Reply #29 posted 11/10/08 9:36am

horatio

OR you could have just painted the room yourself and he would have been the wiser
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