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Landlord trespassing call - what would you do?

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  • Landlord trespassing call - what would you do?

    I hope this is in the right place. I'm just curious how officers would respond to this hypothetical situation:

    Landlord of rental house shows up and begins work in fenced in back yard without 24 hours notice. The tenant informs him that he's trespassing, but the landlord says that he doesn't need to give notice to enter the fenced in back yard. The landlord continues to work after being asked to leave. Tenant calls police and can show the officer a driver's license, mail and other documents showing this is their legal residence and asks the officer to expel the landlord.


    Also, a slight variation:

    What if the tenant had put "No Trespassing" signs at the property line?


    What would you do?

  • #2
    It depends on the laws of the state in question. In my state, (and absent an emergency) 24 hour notice is only required for entry to the interior of the dwelling unit and not the exterior yard.
    Going too far is half the pleasure of not getting anywhere

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    • #3
      Originally posted by L-1 View Post
      It depends on the laws of the state in question. In my state, (and absent an emergency) 24 hour notice is only required for entry to the interior of the dwelling unit and not the exterior yard.
      ^^^This is generally true in my state as well, but you should contact an attorney that practices civil law.

      “Truth is not what you want it to be; it is what it is, and you must bend to its power or live a lie.”

      Miyamoto Musashi

      “Life Is Hard, But It's Harder When You're Stupid”

      George V. Higgins (from The Friends of Eddie Coyle)

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      • #4
        When is your lease up for renewal? I'd start looking for a new place to live.

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        • #5
          In Alabama the landlord may enter on to the property at any reasonable time. By property, I refer here to the exterior (yard) of the property in question. Entry into your quarters presents an entirely different situation.

          I agree with the comments posted by my colleague in Post#4.

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          • #6
            Originally posted by L-1 View Post
            It depends on the laws of the state in question. In my state, (and absent an emergency) 24 hour notice is only required for entry to the interior of the dwelling unit and not the exterior yard.
            Same here.

            So, if I was called there, I would meet with you, meet with the landlord, inform you both that there's nothing I can do. If I'm feeling particularly helpful I might suggest to the landlord that although not required, it might be good practice to give some notice if working in the yard. I might suggest to you that maybe you should find another place to live if you're so worked up over a landlord actually doing work on their property. I might even suggest to the landlord that maybe he should consider finding new tenants who aren't so crazy about such things. I know I would wonder why the tenant was soooo concerned about someone being in the back yard.

            Odds are, however, under the current climate, that's I'd simply say "Not my problem" and head off to the next BS call where two supposedly adult people can't find a way to tolerate each other for even a brief period of time.
            Originally posted by kontemplerande
            Without Germany, you would not have won World War 2.

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            • #7
              What does the lease say about notice? what does it say about lawn care? is thereally a gate, is locked?

              in general landlord doesn't have room give notice to enter common areas. if the yard is accused by a locked gate it can get tricky. although not part of the house there is some privacy. remember privacy is based where the mailman or delivery guy can go. if there were a closed gate at your sidewalk, that would indicted you want all business conducted there and not at your font door. what time of day was it? check local codes each area has hours limited for noise be it weekend or weekday
              Last edited by moparfan; 11-30-2016, 04:36 PM.
              I'd rather be judged by 12 rather carried by 6.

              It should be noted that any and all post that are made are based on my own thought and opinions. And are not related or implied to represent the department I work for.

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              • #8
                'Find a solicitor'

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                • #9
                  The tenant could pursue a remedy in civil court but we aren't arresting or summoning the landlord for trespass.

                  The back yard... I'd ask the tenant: Why am I here?
                  "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

                  "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

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                  • #10
                    10-8, civil issue.

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                    • #11
                      It's a civil matter. Posting "no trespassing" signs doesn't mean anything to someone you're leasing the property from.
                      I'm 10-8 like a shark in a sea of crime..

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                      • #12
                        Can a landlord actually trespass? I know they can't enter the home willy-nilly.... My landlord had in my lease he could enter my property anytime to inspect for compliance (not INSIDE the house)
                        Former Police Officer (Injured LOD)
                        USAF VETERAN 2004-2012
                        "The sheep pretend the wolf will never come, but the sheepdog lives for that day."-LTC Grossman
                        Emergency Services Dispatcher, APG MD

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                        • #13
                          It's their property, and as long as they abide by the entry notice requirements, it's not trespassing. Harassment, that's a different case.
                          Now go home and get your shine box!

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                          • #14
                            I'm not touching it. Civil matter. Consult with attorney. If the tenant really wants to press the issue, I'll write a report that could get forwarded to the County Attorney for review, but by that time the work will probably be done.

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                            • #15
                              Originally posted by J2H View Post
                              Can a landlord actually trespass? I know they can't enter the home willy-nilly.... My landlord had in my lease he could enter my property anytime to inspect for compliance (not INSIDE the house)
                              Inside the dwelling, yes they can. Still not charging it unless its blatantly obvious... like in the house at 0200 making a sandwich.

                              Out in the yard, probably they can but I'm not touching it.
                              "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

                              "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

                              Comment

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