Landlord Newsletter September 2010 - Trespassing |
September 2010 Dear Fellow Landlord,
In this issue:
Please e-mail us if you have any questions or would like to add or share any material / information. Trespassing Explored By Lambert Munz MPM, RPM, Arbour Real Estate Mgmt, Inc. Author of House Investor's Manual In today's world, we are faced with dealing with trespassers. However, trespassers come in many different forms. They could be criminals who are intent on doing damage to the property, for no other reason than something to do. They could also be homeless people who have no other place to go. Then, there is another kind of trespasser, a homeowner whose home has just been foreclosed.In other words, trespassing can be divided into two different groups, civil or criminal trespass. Criminal trespass is generally when damage has been done to the home, this is when the authorities come into play. However, with civil trespass, this is the act of taking the person to civil court and getting an order that prevents them from trespassing again, without the possibility of receiving possible jail time. This requires an eviction process. CRIMINAL TRESPASSThis may be difficult to prove in some cases, because damage has been done to the property. However, you have to be able to prove who did it. This is why many trespassers get away with it, because it is difficult to prove who did the damage unless you have photographs or other types of solid proof.CIVILWhen you know who is doing it, but cannot prove it in the eyes of law, you must take the trespasser to eviction court. In some cases, when there is damage you may be awarded damages.WHY IS IT DIFFICULT TO PROVE TRESPASS?Well, in the eyes of the law, it is only trespass when, as a home owner; you actually tell the person that they are forbidden from entering the property. It is further added, that trespass only exists when the "trespasser" refuses to vacate after being asked to by the homeowner. Some owners have claimed trespass to evict a tenant rather than go through the time consuming eviction court. This is the reason most officers will tell you that it is a civil matter. Perhaps, a veteran officer may know you and trust you or they may know the trespasser. In those cases the officer will escort the trespasser out of the property. ...Click to read the full article
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