Landlords, Tenants, and Trespassers

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First off, sorry I didn’t post yesterday. I was laid up with food poisoning — I blame holiday leftovers! I’m much better today, so on to today’s topic, which is really recurrent.

Suppose that a landlord tells the friend of a tenant that the friend can’t come on the property owned by the landlord but leased by the tenant. Perhaps the landlord thinks that the friend instigates too many loud, raucous parties that end up in property damage. Or perhaps the landlord thinks that the friend is living with the tenant, thereby increasing wear and tear on the property, without paying rent. For whatever reason, the landlord tells the friend to stay away . . . but the tenant invites the friend back onto the property. Is the friend trespassing if he or she returns to the property?

Generally, no. In State v. Lawson, 101 N.C. 717 (1888), Thomas told Lawson to stay off Thomas’s land. But Thomas leased the land to Nelson, who invited Lawson onto the property for a chat. Thomas then prosecuted Lawson for trespassing. (As a historical aside, it appears that Thomas did so as a private prosecutor at the trial level.) Lawson’s defense was that he was invited by Nelson, and he asked that the jury be instructed “that, Nelson being a tenant on Thomas’ land, if he invited and permitted the defendant to enter on the land cultivated by him, though belonging to Thomas, the defendant would not be guilty.” The trial court declined Lawson’s request, effectively holding that the landlord’s right to exclude Lawson trumped the tenant’s right to invite him.

The North Carolina Supreme Court reversed, holding that Nelson was rightfully in possession of the property, and so had the right “to invite such persons as his business, interest, or pleasure might suggest to come upon the premises . . . for any lawful purpose.” The rule of Lawson – that the tenant’s right to invite is superior to the landlord’s right to exclude – is the law in most, if not all, jurisdictions. See, e.g., State v. Dixon, 725 A.2d 920 (Vt. 1999) (“The common law is clear that the landlord may not prevent invitees or licensees of the tenant from entering the tenant’s premises by passing through the common area.”); L.D.L. v. State, 569 So.2d 1310 (Fla. Ct. App. 1 Dist. 1990) (“A landlord generally does not have the right to deny entry to persons a tenant has invited to come onto his property.”). It’s also consistent with the rule that a landlord may be prosecuted for trespassing on the tenant’s leasehold. And it’s in keeping with the rule, in the Fourth Amendment context, that the tenant, not the landlord, is the party entitled to give or to withhold consent to search. Robert L. Farb, Arrest, Search, and Investigation in North Carolina 80 (3rd ed. 2003). So Lawson is on solid ground.

But let’s make things more complicated. Think about a tenant who lives in an apartment complex. If the landlord tells the tenant’s friend to stay away, but the tenant invites the friend onto the property, can the friend be arrested as he crosses the common area of the property en route to the tenant’s apartment? One might argue that the common areas remain in possession of the landlord, and so the landlord has the right to control who enters those areas. Courts have not generally been receptive to that argument. See, e.g., Dixon, supra; L.D.L., supra (stating that right of tenants to invite visitors “also applies to the common areas of the premises”); Commonwealth v. Richardson, 48 N.E.2d 678 (Mass. 1943) (holding that landlords implicitly give tenants, and their invitees, the right to pass through common areas of the property as necessary to access the tenants’ homes). However, a tenant’s invitee, if told by the landlord to stay away, likely may use the common areas only as necessary for access to the tenant’s residence. See City of Bremerton v. Widell, 51 P.3d 733 (Wash. 2002) (“An invited visitor may proceed only through those common areas necessary for ingress and egress from the tenant’s unit . . . [but] may not proceed at will to a part of the premises wholly disconnected to the purpose of the invitation and use the invitation as a defense to a charge of criminal trespass.”).

Let’s add one more wrinkle. Suppose that the lease provides that the landlord retains the right to forbid trespassers from entering the property. Is such a provision valid? Can a trespass conviction against the tenant’s friend now be sustained? Lawson suggests that the answer is yes. The court there emphasized the “absence of any evidence to show that there were restrictions upon [Nelson’s] tenancy” that limited his right to invite visitors, 101 N.C. at 717, suggesting that such limitations would be permitted and would change the outcome of the case. Other cases, from other jurisdictions, contain similar suggestions, though there is a dearth of authority directly on point. I should add two caveats here. First, even if the landlord has retained the right to forbid trespassers, if that fact is not made known to the trespasser, Lawson suggests that the trespasser’s conduct may be insufficiently willful to support a conviction. And second, whether the landlord may reserve the right to forbid trespassers appears to be a complicated question in the public housing context, where federal law may limit the provisions that can be included in a lease. See generally Elena Goldstein, Note, Kept Out: Responding to Public Housing No Trespass Policies, 38 Harv. Civ. R. Civ. Lib. L. Rev. 215 (2003).

65 comments on “Landlords, Tenants, and Trespassers


    • I believe that the answer depends on whether the man has effectively become a tenant, by virtue of paying rent or the equivalent. However, this is a civil law question beyond the scope of my expertise. At the School of Government, the person who is an expert on this issue is Dona Lewandowski, whose profile and contact information are here:

    • The only person who has a RIGHT to be there is the owner of the property, or one who has a landlord / tenant relationship with said owner of the property. Just because a woman allows a man to live in the rented property does not give him a landlord / tenant relationship with the OWNER. So, no, he does not have to be evicted. Leave, or be arrested.

      • Unless the boyfriend or girlfriend was on the lease, you can try to remove them as a lodger and not a tenant, lodgers do not have to be evicted, they can be told to leave and can be forced by law enforcement to leave without court or notice.

        I just did this with an ex-friend of mine who refused to get a job, they were removed from property given a trespass warning, they then tried to sue, and I won that case.

  2. Question:Can the trial court use the same felony convictions to apply the three strikes rule?
    For instance,One County uses the same convictions that the other County used to declare a habitual status.So the defendant ends up with 2 habitual status felonies from 2 Counties ?Is this possible?Or rather lawful?

  3. Suppose that the lease provides that the Landlord retains the right to forbid trespassers from entering the property.In case of a warrant less search,and the tenant gives consent for entry,does the landlord have an upper hand and final say ,and consider that trespassing?

    • Unless the landlord has actually exercised — not merely retained — the right to forbid the officer from entering, I don’t think so.

      • say a girlfriend is told not to let the officers in and does so anyway. upon entering the homeowner tells the officers to leave unless they have a warrant. who has final say? are they suppose to leave or still conduct business?

  4. Suppose the renter lives in a public housing developmetn and local police have previously informed an invited guest of a renter that he can no longer enter the premises. Trespassing?

    • If he has been banned from public housing, yes.

      • Joel,

        Can you tell me some authority for this? Is there always a right for local police to ban persons from public housing, or is it dependent on a lease allowing the “landlord” to exclude certain persons?

        Thanks, Chris

  5. I, the property owner/father, have two sons living in the residence. I have a rental agreement with one son. If the son that has the agreement with me, does the other son who does not have the agreement have the right to invite other people to move in and live in the house? If so, what could I do to get the people that the son without the agreement invited out of my house?

  6. I gave a notice of leaving after 9 years for July 15, 2010. Due to work needing to be done at my home. I notified landlords 5 years ago of needed repairs. They said they would get to it as soon as they could. Now since I am leaving they cannot rerent the house in its condition. So, major repairs are being done while I and my daughter and newborn grandson are still here. Only on weekends. Are lives are being disrupted and I get no knowledge of them coming. I now have no screens and walls are being hammered on in the weekend mornings. They spray painted the house with my 2008 vehicle next to it. I had to have it buffed out. I am lost and do not know where to go. I work many hours and my daughter works nights on weekends. We cannot sleep. I need it to stop til we move out. Any help? Thank you, Jaimie

  7. Hi,

    A relative of mine who lives in Charlotte, NC, was involved in an abusive relationship in which she and her partner lived together in a property she owned.

    Her partner (in addition to the abuse) stopped paying her share of the mortgage and refused to move. The Charlotte police advised my relative that it would be next to impossible to force her partner out of the property through eviction because she was an “invited guest.”

    My relative took the policeman’s advice (without pursuing the matter with an attorney) a let the bank foreclose on the property as a final resort for severing her ties with her former domestic partner.

    Did the Police Officer provide my cousin an accurate assessment of NC law? Is an “invited guest” nearly impossible to remove?

    Thanks for any response you can provide.


    Ben Thompson.

  8. I live in a NC section 8 housing and my boyfriend moved in on me…I didnt ask or help him, but didnt know I could stop him…he was homeless and we have children…I have asked him to leave on several occations and he wont pay the rent if he goes on my lease which will leave me with no place to live. He isnt suppose to be here and if I tell them I loose everything…we fight and argue all the time. The police say they cant make him leave and I cant give him a 30 day notice…my landlord has to but they dont know he is living here…and I’ll loose everything if they find out. I have 5 children and need to be here..he has a job and wont leave. I cant afford to move, the other apartments are too small and I cant afford the deposit or moving expence. I dont know what to do. If I get my landlord to give him a no trespassing notice, they have to have his home address. So, I am at a loss.

  9. If a private investigator come to the apartment complex which I rent a unit and placed a GPS Tracking Device on my car in an intent to track my movements without my consent, is my lanbdlord required by law to prosecute the investigator for trespassing if I report the incident?

    Please keep in mind that the apartment complex is a gated community and has signs that reads “Private Property, No trespassing, No Soliciting”.

    Thank you.

  10. I just want to know can a landlord go and look at my personal things in my
    apt, such as in closets and medicine cabinets to look for unauthorized occupants and they want to count beds I think this is wrong. this is like back in the 50s Don’t I have any rights. I think I made a mistake moving to NC .

  11. Okay, my question is a little similar, a little different. What if a tenant is renting a property and the landlord comes on to the land whenever he feels like it and tampers with things or does things he has no right doing. He was not invited by the tenant and is not wanted on the property unless it’s to collect the rent on rent day in which case the tenant gives a 24 hour notice to let the landlord know what time they can pick up the rent and of which day. Does the tenant have the right to charge the landlord with tres passing?

  12. this has nothing to do with people but with a vehicle. my landlord told me i could move a vehicle off the land(a junk vehicle a old tenant left} and now she claims she doesnt remember tellng me. what can she do?

  13. I have been told it is legal for a Landlord to refuse to rent to a person with a Criminal Record. Is this true?

  14. I have a sister that is in the NC HUD program. Her landlord accepted to rent under the program at the price that was allowed for her. The landlord then came to her with his own contract for more rent. This was as she was moving her and her children in the home. Caught off guard and in need of this house she signed it. Thinking if she didn’t her and the 2 children would have no where to go. They asked for another $160 a month in addition to the amount HUD was paying the landlord. She payed this for 10 months not understanding if they had the right to do this to her. After she received disability and HUD readjusted her monthly rent. The landlord came with a new contract for the difference that HUD wouldn’t pay any longer. After talking with others she told them no.
    Did the landlord have the right to do this after signing the agreement with HUD and what should she do now that she doesn’t fill this is right?
    Now they have taken out an eviction papers for civil court to handle. The male landlord is also harassing and verbalizing her at the home around the children. From my county the renters my father had in a house took out a restraining order on him and he wasn’t allowed to set foot on the property until it went in front of the judge to evict them. When she call the local sheriff and they came out. They told her he has the right to be there any time he wants. Also the Sheriff that came out told her that if she did try to take out a restraining order on him she wouldn’t get one. This is in a different County of NC and a small nit County. They spoke to the landlord before talking with her to find out why she called. It sounds to me they are not telling her the law correctly!
    What steps can she take to feel safe while there alone?
    The landlord is holding a check for the 2months she paid in advance to cover her through Christmas. She is worried that they are holding it to show that she hasn’t paid and that is why they are evicting her. But, they are under the HUD agreement now.
    What is the best thing for her to do?

  15. If a tenant quits paying rent and refuses to pay even after a 5-day notice to pay or quit was issued to him. Is he a trespasser after that? What about his girlfriend, who is not on the lease?

    The girlfriend was given a notice that her boyfriend is on the property unlawfully and that she is too. Still, she did not move.

  16. I had a heartattack in NC. I went to MD to have 2 stints put in. I have a valid NC licence and the woman I have my car and personnel belongings I was living with said it is hers. I have dr notes to say Im up here.can I get my stuff with out going to court

  17. need to know before I take her to court. Im homeless and a veteran and just want my stuff back

  18. I lived with my boyfriend for 4 months. I went to Maryland for a family event and when I came back I was at the house that I rented (in VA with my son) and was told by boyfriend to stay there for a few days because of bad weather that was due to come on. That ended up turning into a week and a half. Long story short, he said that things weren’t working out and we ended our relationship. I had gone over once and gotten some of my things. He was to bring the rest back over to me (in VA) a week later. That has turned into 2 weeks as of now. He has made a statement to me of possibly putting the remainder my things out on the street. Can he legally do that? What are my legal rights concerning getting my things back as well as what I am able to do if he puts them out on the street?

  19. I recently took my boyfriend off my apartment lease is there any way for me to put him back on??

  20. My grandfather purchased land with a friend over 35 years ago. His friend is no longer living but his son inherited his fathers share of the land but took out a personal loan as collateral and it defaulted. Can legal action be taken and a foreclosure be placed on their joint land? My grandfather has not visited the land in the North Carolina mountains in 20 years. I am not sure if this is considered abandon property, but he recently went to visit and noticed that someone has built and is currently living on his land. He has the deed for the land. Can he prosecute the people living on his land? We are unsure how and why he was able build and arrange utilities on someone else’s land.

  21. I know of a person living in subsidized housing and has gotten several arrest while living here…. Can you be evicted for that

    • If it constantly disrupts your neighbors to the point where there are complaints, and there are certain noise disturbance rules placed, then yes, you can be evicted. However, if you have paid your rent on time, it will be difficult for the judge to decide that you ‘no longer have the right to live there’ unless the housing has records, witnesses, and photographs. Eviction is a costly and time consuming process so it would have to be worth it for the landlord.

      • You did.

  22. I have a situation where a young couple down on their luck were offered to stay in !y home for an indefinite period of time. They moved into the finished basemet of my home and paid no rent. There was no agreement for them yo pay rent. The agreement ( verbal though it was) was that they would do some minor repairs around my home in exchange for living tent free. They did no work and after 2 months I asked them to leave. I gave them a week to remove themselves as they had moved in on a two days notice two months earlier. I also knew that they would move back in with his parents whom they had lived with prior to living with me. There was no hardship involved other than the discomfort of having to pack and move. She kept insisting I should have given them 30 days and that she was legally entitled to it. I had no lease with her nor did I ask for or accept money from her during the course of her stay. In fact she borrowed money from both myself and my adult daughter who also lives in my home. I am curious after reading all these rules whether I indeed was obligated to give a 30 day notice to someone I was doing a favor and took heinous advantage of me.

  23. My name has recently came up on a waiting list for private section 8 (income based) apartments. I have a couple evictions on my rental history. Will this keep me from getting approved for the apartment? I would think not being that the program is to stabilize families. If you ask me I should be approved from that alone. That shows I really need the program.

    • It might. When they run your name for approval, they run your entire background (credit, eviction, and criminal history) to see if you are at-risk. However, because it is Section 8, they might be more lenient because of what Section 8 is promoting & of your particular history/situation.

      It will vary from program to program but you can always call in and inquire about the screening process.

  24. My question is if John invites Chris to live with him and two other roommates john and the other 2 tenants being on a lease, and Chris stays and pays rent for 4 months and in month 5 the landlord tells the leaseholder that Chris has to leave by the end of the day on no grounds for eviction does Chris have to be gone by the end of the day or is the landlord have an empty threat?

  25. Landlord says my visiting adult son must be screened. As a tenant and I must pay processing fee of $45. I did have him staying with me previously due to doctor statement that. I needed home health care due to car accident, he visits now and stays on occasion when I need him to for a week to 10 days. They recently sprayed my car with paint and sprayed paint thru back window on my blenders, coffee maker and knives.which was accidentall. They did pay for damages but made statement that I made things up. Manager did come and admit his workers were at fault. But was angry and shouted at my son thru the door that he was going to have his ass evicted. What are the guideline that state how long a person can visit before becoming classified as a tenant or lodger? Having a letter from medical doctor stating,I need home health care and my son is the,one helping, can they evict him??? I have NEVER been late on rent .

  26. As the manager of a complex can I ban a child of a tenant that has been arrested for criminal activity on or off the property?

  27. if i live with my husband and he is not on the lease because there’s no written lease, is just a month to month payment verbal agreement, my landlord takes only me to court and process an eviction, can my partner stay when the time is up, or does he has to leave as well?

  28. I have a question regarding subordinate land owners adjacent to a property owned and maintained by a landlord. If a subordinate land owner with no affiliation to the owner of the adjacent rental property owns a road to which the subordinate land owners have easement rights to, can the landlord of the adjacent rental property (being Section 8)restrict or limit access to any guest of the subordinate land owner from accessing their home? Meaning if the subordinate land-locked land owner has a guest who is invited to their home, can that landlord of the adjacent property who owns the road put a no trespassing order on the guest of the subordinate land owner preventing his use of the roadway to access the land owner’s property? I hope someone sees and responds to this. It would be greatly appreciated. Thank you.

    • Short answer, no. It’s going to be a similar case to the initial posting about landlords not being able to restrict visitors/guests from using the common areas of an apartment complex for ingress/egress to a unit in the complex.
      By virtue of owning the road/driveway the property owner cannot control the flow of traffic to an adjoining property since by law the adjoining property owner is entitled to use that roadway for access to their property, which includes any guests they invite.

  29. Live in Harris County, TX. Mother, daughter and her husband were tenants on 1 year lease. Daughter and husband broke up and moved out, mother stayed in house. I then made verbal agreement with mother to rent house. Several months later daughter moved back into house without my knowing. I believe she has been there several months. Do I have to evict daughter or can I have her removed for trespassing?


  31. I have been living in a subsidized housing complex for 10yrs now..I was quiet,paid my rent (sometimes I was a bit late with my rent and charged a penalty fee but I paid it all in full along with the fee each time I was late) well a few years ago I moved to another unit in the same complex! I kept myself as head of household at the former unit where my ex and daughter continued to reside as legal tenants of that unit…I come to find out a few weeks ago I was removed as head of household off the lease entirely without ever giving consent and without ever speaking to the landlord…first off I do not think that’s legal regardless on if she thought I wasn’t living there or not I think she still should be obligated to speak to me..anyway no big deal I didn’t push the issue I simply went ahead and decided to be added on to the lease in the unit I had been residing in with my boyfriend and 2 infant I recieved a letter saying I was rejected! My 2 infants are on the lease with my boyfriend but I am not allowed to be added due to poor credit,having a pet cat 4 years ago that I wasn’t allowed to have (this is a lie the former landlord approved the cat after I provided documents on vaccines and neuter proof) and the 3rd reason which you just have to love is because several times I was late with my rent payment (yet they always recieved payment and always recieved the late fee charges) now let me add I wasn’t even the one responsible for the rent..they know income was zero! My rent was zero for me! When my daughters father had moved in to the former unit it was his income that was counted for rent and therefore he was the one responsible for the rent! Those were the reasons I was denied being added to the lease..I was hysterically crying..I finally worked up enough composure to call the landlord and discuss this all with her..she told me I am only allowed to be here 15 days in a 45 day period! That’s includes visiting and or overnights! My infant is still breastfeeding and yet I can’t be here to feed her more then 15 days out of a 45 day period! I just don’t know how they can split up a family like this!? It doesn’t seem legal based on those certain reasons! The bad credit occurred when I was 18 yrs old! I am now 27yrs old! This just isn’t right! Does this seem like something I have a good chance in fighting and winning in court? I mean this new landlord just recently took over and prior to this my old landlord had no issues ir concerns! This new sheriff in town is just taking her power to another level and it’s sick! Please help me with advice!

  32. So, if I understand correctly: If I AND the tenant of a mobile home that I own, tell a particular person that they are not welcome on the property, then they are trespassing and can be prosecuted as such. Is this a correct understanding of the law?

    • Your property that you rent only.

  33. I have a different but related question. My landlord continues to send gardeners and maintenance people onto my property without my permission. I give her explicit and clear warnings that I do not want these people walking by my house before noon, and they show up before 8 am loudly banging right outside the window where I sleep. Every time. She ignores me completely. Also, our trash bin lid is never closed after I repeatedly asked her to keep it closed. This is a nuisance. I feel that my rights have been completely violated and my privacy has been invaded. What can I do to receive the legal recognition and discount I deserve for these trespassing issues?

  34. The owner of a property files a complaint concerning nuisance and trespass against a neighbor. The matter is settled out of Court with a ‘written agreement’ (contract). The contract grants the trespassers and nuisance neighbors a time frame (60 days) to complete certain tasks and enjoins them form committing the same sort of trespass in the future. The nuisance trespassers partially comply to the contract, but never fully, and then 92 years and 11 months later) presses the trespass even further onto the aggrieved parties real property (land). Does the aggrieved party have a right to bring criminal trespass and conversion complaint? (IE Go to magistrate and have a warrant for the arrest of trespasser).

  35. That should be 2 years and 11 months latter not 92 years and 11 months

  36. Last September 2014 I filed for divorce from my husband unfortunately I got an attorney that was not a family law attorney and he dug me a whole and then drop me it went downhill from there I end up missing one court case due to the flu I missed a mediation because my husband so my papers and told me the wrong date promised he would give me a ride since he took all the vehicles and bought $75k truck..but that is off the topic March 6, 2015 is the day that I missed court due to the flu and they had an order placed that I had to leave the marital residence which I hadn’t saying yet he was staying at his mothers house with our child and I am restrained from coming to the house so I did not until June 10 when he begged me to reconcile. So June 11, 2015 we reconciled as they to his mothers condo it is just one block down we ended up moving back into our marital residence with his name is only on because I have bad credit and we were not married the time we got the house I was nine months pregnant; he is now threatening to call the police because he wants me to go to Maryland with my mother and I live in North Carolina I’m not leaving my three-year-old I’m trying to get all other things I need to do in order considering this man made me miss court last Monday because I thought that we were reconciling and I’m not allowed to check the mail he still corporators I guess I missed court so my original cases dismissed I was then serve with absolute divorce papers which state that we have lives separate and apart for over year we have not had sexual relations in over a year that is both wise and he signed it under oath..:my main question is is the original restraining order from mart still valid or is that now know and if he committing perjury by doing this signing the papers and pretending like we have not been together when we have all long and this is all about money I have no money at all he has his own company he’s awful please help

  37. Hi I had a question. So I’m currently renting a home and someone has tryed breaking into my house twice, they even broke my back window to try to get in, what’s worse is they do it when I’m home. I’m so paranoid I even went and bout my self a fire arm to keep my family safe. So I went to the managment and told them the problems that have been going on and that I was going to put up signs in my windows of no trespassing or will be shot. They said it was okay rite to do as I please it’s my property. So now that I did. A week later the managment send me a letter telling me if I don’t take down the signs “I’m going to get evicted because they take pride in the appearance of there properties.” And I’m not going to take them down because that’s the only thing that is keeping me and my babies safe from having these thieves coming into my home they are beaning warned I have to boys, I’m just trying to keep them safe. So now my question is this. Can they do this, can they evicte me for not taking them down?? Please help me with this problem that’s going around and around in my head!! Thank you

  38. First sorry for any bad spelling as English is not my first language. I am living in hell. I was the owner of a house I sold with the inclusion that I would rent the inlaws suite in the back of the house pre-paid for a year (+2 months deposit). All was good for a couple of months before the new owner constructed a 8 foot tall fence all around the property. Then things changed for the worst telling me he did not want any strangers on his property (and I am talking about friends for diner, no party, no sleep over but just casual friends at home) I feared to have any body. Then he tried to find reasons to evicted me along daily harassment (some sexuel), unnecessary visits to my apartment without requests (looking through my things), keeping my mail, blocking me access to my storage. I got a lawyer but sadly, he did nothing concrete to help me at all. Now I found a new place, I doubt I will have any of my money back plus I am pretty sure he will block any movers to come as he refused any one using his drive way (my right of way, common area) to drop me with my errands or at this moment, boxes to prepare my move. I have videos, police report, all my notes and several witnesses but I understood recently that no matter what, I have no nothing nada to help me if I don’t have the resource to bring him to court. I developed anxiety and I am scared to get out and see him or that he will lock me out, take my pets or my things away. He even had the guts to ask a police officer to get out his property. Where is justice in this case?

    • Sue for maximum amount in small claims court. Sue for getting your possessions. After suit take law enforcement with you. Don’t know what state you are in but my guess is he will agree for you to get your stuff rather than face a judge in this case. And that agreement if done in court will be binding.

  39. if I’m a tenet in a home that belongs to someone but the land belongs to someone else can the land owners make me leave my home

  40. I have a question I’m being evicted and have to be out of my home on April 13 do I by law have to allow my landlady sister in my home to have a look around or to repair something sense she is not the landlady

    • Moat states I’m sure have rules that allow for inspection of rental property. Also to make needed repairs. Usually unless it is an emergency it requires 24 hour notice and be done during regular business hours 8-5 M-F. Google your states landlord tenant laws

  41. I’m a Landlord that has a 4 unit apartment building in which I had to legally evict one of my tenants. It was my understanding that the judge ordered her completely off of my property by the date of the eviction. 1 day after the eviction I found out she has moved into another one of my units in the same building with another tenant. Can I have her removed for trespassing or do I have to evict the other tenant to get rid of her again. The tenant she moved in with had no clue she was evicted and states if she really is trespassing due to the eviction she will ask her to leave. I personally do not want to have to evict the second tenant as she has been truthful with me and was just trying to help.

    • If the eviction order states she is not to be on your property then she is trespassing. Otherwise you may be able to just give a notice to quit and the other tenant may kick her out and you withdraw the notice.

  42. Question: I signed a year lease with a landlord. I find out two months into the lease that my water line is connected to my neighbors and I am paying for their water use. I have requested in several occasions that the water line be separated because I cannot afford to pay their bill as well. Here we are 6 months into the lease and the water line is still connected. What is my legal recourse? Can I withhold rent, or deduct half of my water bill amount from the rent? What can I do?

  43. Ok I have a question. My mother- in-law moved her other son into my house. He is using my address because he is on a registery. I told him to leave and he refused. He does nothing around the house and he refuses to get a job. He don’t pay any bills. How can I get him out legally?

  44. How does one get arrested for trespassing in the home they live in, have lived there nine months, cable bill has been in their name, receive mail there, was ASKED to move in, bought and cooked all food, did all cleaning and laundry, and many other things. Arrested because dymba$$ landlord listened to dymba$$ magistrate after being told by district court judge he needed to follow proper eviction process and that was dismissed after dymba$$ magistrate told him we were just guest. Prosecutor even stated magistrate was wrong. Magistrate heard my motion to dismiss. Then swore him in and asked him questions. I never got to. She then gave him erroneous advice from the bench. Its seems to me this is way unethical. As a result we were arrested and have spent every dime we had saved on temporary lodging. I know I can sue his sorry ass but do I have any recourse against an idiot unethical magiatrate? Anyone?

  45. My landlords best friend is constantly in our yard. And at unusual hours. We have even seen him sitting on our front porch for three hours in a row texting on his phone. He has weed eated our yard at 9:30 at night and woke our children up. He lives across the street from us and he has become a huge nuisance. Every time we go outside he immediately walks into our yard and starts using profanity and gossiping and talking about things quite frankly that are sometimes inappropriate and we just dont want to hear. He parks his car in our other parking spot on the property. He comes up to our vehicle when we put our kids in the car and just has overly creepy behaviors. Including coming onto our property while my husband and i smoke a cigg because we cant sleep at 1am and starts talking about how he (in foul and descriptive language) has sex with the two teenage girls that lived in the home before us. When work has to be done like repairs, our landlord allows him entry. He stares at my kids who are both under 5. And it makes my husband and i very uncomfortable. He spends days mowing our grass to be allowed on the property. Basically when i go out, hes there. We have gotten to the point we all feel unsafe and have bought dead bolts for the doors and my husband got a concealed and carry and bought a gun in case this guy breaks in or does something crazy. My husband and i are on a month to month tenancy, because the home we rent is for sale by our landlord. We are always early or on time with the rent and have always taken care of the property and home. Since we moved in it took her 5 weeks to repair a broken heater in which my oldest who has asthma and easily has upper respiratory issues when its cold got very sick which we paid for at our expense. The refrigerator leaks and we are using a roll of paper towels every day to keep the floor in the kitchen. Our lanord feels like because she owns the property she is allowed to have whoever she wants on the property whenever she wants. I dont care if our landlord shows up. Or they show the home to sell to random strangers but this guy goes to the extreme. Is there anything i can do about it?

  46. Ok I have a situation, I am currently deployed and my wife and I rented out our condo while we are both gone she is out of state. Our tennent is a month behind on rent and also she says that the plumbing is messed up. But she will not let no one we hire inside to fix it. Now I have a friend back in that same town who I want to ask to go over to our place and inspect it just in case she is lying or stealing our stuff. Now is there any law stating that if we give my friend permission to inspect the house for us he can do it legally without the tenant calling the cops saying he is trespassing without her permission even though my wife and myself as the homeowners gave him permission.

  47. Landlord threatened to evict if my husband whom I am currently separated from comes to my house because my son in law doesn’t like him .I currently reside in mobile home one of three owned by person in question.son in law also resides in one of these homes .I have lived here for 2 weeks .son in law opened my door entered without permission telling me I would have to move and the landlord backed him up .I’m disabled with no money to move

  48. My lover moved me from new york to north carolina to live with him because he needed help taking care of his house.i had to leave for one month to help my mother in new york and now he told me not to come back but he is holding all my belongings at his house and told me i have to pay him money in order to get my stuff.

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