my landlord has apparently gotten into a disagreement with a friend of mine who visits me at my apartment. one day he saw my friend hanging out here and told him to leave, and afterwards he confronted me and said that my friend was not allowed to be here. my landlord is very nosy and hangs around the building all the time, doing "work". my friend is polite and causes no disturbances. does my landlord have any right to ban people from the space i am renting from him, and do i risk eviction if i ignore his request? this is in the state of maine.
2006-09-10 15:29:24 · 14 answers · asked by bob 2 in Politics & Government ➔ Law & Ethics
to clarify, my friend and my landlord have had a PERSONAL disagreement sometime in the PAST, and no, my friend has not been loitering, causing trouble, or drinking in public around the property. my landlord just makes it his business who hangs out with me because he is creepy and he watches the place.
also, can anyone provide/direct me with/to specific legal sources?
2006-09-11 05:24:34 · update #1
no. your landlord has no right.
since you are paying for th rent/lease, you are the one who have the right on that property. your landrord has no right to tresspass in that apartment that he owns which you are renting. but if your friend had made any damage, of course, your landlord has the right to claim for any damage that may incur. and just be sure that your friend is just visiting you, not living with you.
2006-09-10 16:07:42 · answer #1 · answered by lulu 3 · 0⤊ 0⤋
If your friend is abiding by the law, and not causing any damage to the property which you're renting, the landlord has no say whether or not the friend can visit you.
If neighbors have legitimate cause for complaint against this friend, than the landlord CAN seek an injunction from the court forbidding him/her from the landlord's property.
A personal conflict between the two is no grounds for the landlord to forbid the friend. But be careful -- the landlord does own the property, and as such has every right to determine who will or will not reside there, and could possibly serve YOU 30 days notice if he/she feels that you are not properly maintaining the rented property. The "properly maintaining" clause (which should be in your rental agreement) might be ambiguous enough where the landlord can legally do this.
Try talking with the landlord reasonably (check-in your ego at the door) and explain that the personal conflict should have no bearing on who you choose as friends.
2006-09-12 04:56:03 · answer #2 · answered by Jeff L 3 · 0⤊ 0⤋
Unfortunately most people on here are answering out of their moral indignation and no actual knowledge. Giantdwarfbat was correct about the trespass order. As a property manager I can keep almost anybody off my properties that I want to, however, I have to be intelligent and honest in my use of this power. Generally when a person has the responsibility of overseeing a portfolio worth a large amount of money they tend to be pretty responsible people. Not to say there are not exceptions to this rule. If there are people loitering or causing problems on my property I can add them to my "no trespass order" and have them barred from the property. If I see them there again I will then call the police and they will be arrested. If I find a tenant is allowing someone that is on this list to visit and hang out I will then issue a warning and give them an opportunity to stop if they don't I will immediately file for eviction. Most leases now have a drug free housing addendum that covers loitering, alcohol use, drug abuse, criminal behavior, etc, and there are standard entries in almost all leases stating that a person is responsible for their company and if they can't control them they will then be evicted as well. I have not known many, (note I said many), property managers that abuse this power. If you landlord is asking this person not to come back to the property you may want to calmly ask them why and keep an open mind because you may find your friend is far from innocent. If a landlord has asked someone not to come back it wasn't simply from mouthing off, they were probably littering, drinking openly, etc, doing something that made the property shine in a negative light. When approached by MGMT your friend probably then intensified the situation by shooting off their mouth. I'd read through your lease very carefully and try to have a talk with your landlord about what really happened.
2006-09-11 03:11:56 · answer #3 · answered by cptv8ing 3 · 0⤊ 0⤋
You are not giving us full details, perhaps because your friend also has not given them to you.
Your friend did not get into an argument with your landlord while sitting peacefully and politely inside your apartment. That is not possible.
So, it is obvious he was loitering outside your apartment while you were not there. Right? Right!
And, when questioned about his presence there on the landlord's common property, it is probable he shot off his mouth to the landlord. You say he is very polite, but it is obvious he was not polite to the landlord or there would not be the problem.
You will need an attorney on this one. In some states, yes, the landlord has the right to protect his property from troublemakers who loiter when the renter is not there. But, under our Constitution, states can indeed have their own laws. So, you need to check with an attorney.
My guess is your friend messed up, and in a battle the landlord would win.
As Dr. Laura asks, is this the hill you want to die on?
2006-09-10 22:37:38 · answer #4 · answered by retiredslashescaped1 5 · 1⤊ 0⤋
Just in case you are female, you need to mention to your landlord that you are seeking legal advice on sexual harrassment in direct connection with rental property owners! go to the local court house, municipal office, or library, and look up laws concerning landlords and their rights. You should be able to find out something there. If you do not have time for that, pick up a phone and call an attorney and ask them.
2006-09-10 22:41:14 · answer #5 · answered by missouriaunt 2 · 0⤊ 0⤋
No - he absolutely does not have that right.
The only way he might be able to make something like that happen is if he got a restraining order - and even then it's not likely such an order would apply to his property as opposed to his person.
That said, you do want to stay on his good side, but you absolutely don't need to give up your rights to do so.
Do a search for tenant rights laws in your state.
2006-09-10 22:32:08 · answer #6 · answered by Steve 6 · 0⤊ 0⤋
unfortunately ,yes.
there is a loophole in the law that alows a landlord or any propery owner to keep persons of there choosing off their property legaly .this is called an order of tresspass ,given the fact that the proerty owner or a person holding a legal lease only has to prove that they donot want said person on their property and have legal claim to the property this is an easy law to abuse (note a tenant canot get an order of tresspas agenst their land lord ,you need a order of restraint for that)
2006-09-10 22:42:50 · answer #7 · answered by giantdwarfbat 4 · 0⤊ 0⤋
Only if it was in your contract to begin with, however, if your friend is causing problems or damaging property, he can have your friend removed from the property. My best advice would be to contact a lawyer, have your contract in hand when you do, and see what they say on this matter. Good luck.
2006-09-10 22:35:01 · answer #8 · answered by ? 3 · 0⤊ 0⤋
If he is in your appartment he can't, if he is hanging out in the parking lot he can. The only way he could kick him out of your house is if there is something written into the contract you signed.
That's the way I feel it would work out, I took a business law class, and even though this exact situation never arose during discussion, I feel this is the correct way.
2006-09-10 22:34:01 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Check your state laws but generally landlords cannot dictate who and who not can visit you in your private residence....
2006-09-10 22:36:25 · answer #10 · answered by annathespian 4 · 0⤊ 0⤋