Bolingbrook's Riverstone Apartments Invaded Tenant's Privacy: Lawsuit

BOLINGBROOK, IL - Brandon Pennington is suing his former Bolingbrook apartment complex, Riverstone Apartments on Woodcreek Drive, accusing the company of intentional infliction of emotional distress, invasion of privacy, negligence and willful and wanton conduct. Pennington's lawsuit also names as defendants the Apartment Management Consultants, LLC, out of Utah and Hunter Warfield, LLC. The Bolingbrook man filed the lawsuit within the past week at the Will County Courthouse in downtown Joliet.

Pennington filed the lawsuit, pro se, meaning he currently does not have a lawyer. Patch called River Stone apartments on Thursday seeking comment. The Bolingbrook business directed any news media inquiries about the suit to their manager, who would not be back to work until November 1.

According to Pennington's case, he signed a year-long lease in May 2015 at a discounted rate of $699 per month to rent to a studio apartment on Woodcreek Drive and that his lease mandated that the apartment staff give him "reasonable notice" for any inspection.

Then came July 20, 2015. Riverstone entered Pennington's studio apartment without giving him advanced notice, his lawsuit states. "Defendant, Riverstone, left a voice mail on or around July 21, 2015 at 11 o'clock ... after the 'inspection' to inform the Plaintiff that they had entered the residence for an 'inspection.'"

After talking on the phone with apartment manager "Sue," Pennington states, she gave him "an apology and promised the Plaintiff that he would be added to a 'Do Not Enter' list," the lawsuit states. (The suit does not mention the manager's last name.)

Pennington said he wrote a letter to Riverstone via certified mail regarding the incident.

Then came September 20, 2015.

"The Plaintiff arrived at the residence and noticed within, a distinct smell of cigarette smoke, with all of his furniture that was placed along the walls, moved to the opposite side of the apartment," his suit states.

So he called Sue, the Riverstone manager.

What did Sue do?

She confirmed that another apartment 'inspection' occurred, the lawsuit notes. "Sue became disruptive and briefly ended the conversation by cutting off the Plaintiff and saying, 'That's all I can help you with. Thank you! Have a great day. Bye-bye," Pennington informed the court.

So Pennington fired off another certified letter to Riverstone.

He never received any follow up from the management company.

Then came October 2015. "Riverstone allowed the Bolingbrook Police Department inside the Plaintiff's residence for search and seizure without a warrant, or probable cause for a search," Pennington states. "Plaintiff received no notice of this entry. Bolingbrook Police Department removed chattel, owned by the Plaintiff, off the property without notice," the lawsuit argues.

If you've read this far, you probably know what's next.

"The very next business day, the Plaintiff called Riverstone asking how the Bolingbrook Police Department entered the residence without breaking down the door," Pennington stated. "... apartment manager Sue confirmed with the Plaintiff that maintenance workers from Riverstone allowed the Bolingbrook Police Department inside of the apartment."

At that point, Sue abruptly hung up the phone on Pennington, according to his version of events.

On October 15, 2015, Pennington terminated his lease with Riverstone and AMC, the suit noted.

He moved out. He left his keys behind. He said he told Sue that he "no longer was a party to the lease and that the lease was void."

But Riverstone did not see it that way.

January 11, 2016.

Riverstone and AMC hired a third-party collection agency, Hunter Warfield Inc., to collect about $3,180 in unpaid rent out of Pennington, his suit states.

Pennington was so fed up by the ordeal that he filed a civil lawsuit at the Will County Courthouse. He has requested a jury trial.

"Wherefore, Plaintiff Brandon Pennington prays for a judgment against Defendants, AMC, Riverstone and Warfield for money damages in excess of $50,000.01, interest on any damages awarded and costs incurred in bringing this action."

Image of Riverstone Apartments via Google Maps