Tenant owns trailer. Now her son and his girlfriend have moved in. An undesirable person who bothers the other residents. Since they are not residents of the park, I thought I could invoke no trespassing. Police say they can’t enforce a no trespassing unless people have been evicted. Suggestions? Tenant is on a month to month.
Give notice to the tenant that the lease will be terminated unless they get rid of the unauthorised occupants. Assuming of course your state codes allow you to get rid of unauthorised occupants.
OR:
Question the officers decision, I believe he is wrong. A no trespass should be enforceable the fact is the officer is treating the unauthorised occupants as tenants which they are not. I would go to the police station and ask to speak to the supervisor.
Anyone that is not a tenant is trespassing if they are there without the owners consent. If the officer is correct than no one can be removed for trespassing from any property without first being evicted. That is ridicules.
Get competent legal advice before doing anything.
Be extremely cautious of following Greg’s advice. In most states & commonwealths you must post permanent signs that not only state “No Trespassing” but you must also have the code section on that same sign. Then it is an enforceable misdemeanor crime. Otherwise it is not enforceable most places.
here is an explanation:
http://kennesawattorney.net/criminal-trespassing-laws-georgia/
The thing I would like to point out is IF you were to tell the tenant to get rid of them as Greg suggests, you might be violating her rights. What if a tenant has someone visiting for the holidays, are those people also trespassing? and will you do the same thing to them?
Now the tenant that has the problem son & guest, you could possibly refuse to renew because those guests are nuisances, but most likely you will have to notify her in writing.
there are two things I would strongly recommend you use:
1… a book called “neighbor laws” by a competent lawyer- available for purchase & download
2… a website called understanding contract law and you win-
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Learn the law is excellent advice. A landlord is not required to post a no trespass sigh in order to issue a no trespass notice to unauthorised individuals. All that is required is for the owner (landlord) to inform the individual that they are not welcome on the property, as I assume a landlord would have done regarding a unauthorised occupant, and at that point if they do not leave they are illegally trespassing.
I have done this several times in Ontario, which I assume is not much different than most of the US in regards to private property.
Once a person has been asked to leave and refuses you simply go on line or go to the police station and fill out a no trespass notice, deliver it to the police, and from that point forward you can have the person removed from the property by the police.
Obviously each jurisdiction is slightly different but all that is required is to make inquiries with the police as to how the process works.
Study your state landlord tenant codes rather than simply assume anything. If you take the time to learn the codes regarding your business you will know, rather than assume, what you can and can not do legally with tenants. If you do not know your landlord tenant rights you should not be operating a business.
Any advise I provide is based on a understanding that each landlord has taken the time to learn the codes and makes inquiries into the law.
You can file a no trespass notice on anyone that is not a registered tenant you must simply learn the process and follow it.
The commonest source of fear is ignorance, the cause of ignorance is stupidity. Don’t be a stupid landlord