this is in a situation where a landlord enters to make a necessary repair without proper notification. Would the landlord be arrested before taken to small claims court?
2007-09-25 06:01:27 · 8 answers · asked by charlotte q 2 in Politics & Government ➔ Law & Ethics
Consult a lawyer on this matter, it appears the landlord violated the conditions of the lease that specifically state when the landlord can enter you apartment.
2007-09-25 06:06:29 · answer #1 · answered by sirmrmagic 6 · 0⤊ 0⤋
Trespassing can be either a criminal charge or it can be a civil complaint brought by one person against another.
In this situation, if the police were called they would take a report but most likely no criminal charges would be filed. They would consider it a better case for civil court because the landlord's right to enter depend on what the lease says--a civil contract, not a criminal law.
But---in California (as in most states), the landlord has the right to enter without notice to make emergency repairs. Even if wasn't an emergency and the landlord entered without giving 24 hours notice, the tenant must be actually damaged by the trespass to sue successfully in civil (small claims) court.
2007-09-25 06:16:43 · answer #2 · answered by raichasays 7 · 2⤊ 0⤋
Generally, a situation like that is not criminal -- though trespassing as an action may give rise to either criminal prosecution or civil lawsuits.
You may be able to sue for civil trespass in small claims court -- but you would need to be able to prove what actual damages the landlord caused by that improper entry.
2007-09-25 08:55:51 · answer #3 · answered by coragryph 7 · 1⤊ 0⤋
Read your lease....somewhere on there it says that the landlord has the right to enter the premises without notice to make repairs and....a dozen other things. Usually, it doesn't just come right out and say "any time he pleases" but that is what it means. Why do you want to see your landlord arrested? I'll bet there is a lot more to this story.
2007-09-25 06:06:34 · answer #4 · answered by claudiacake 7 · 0⤊ 0⤋
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2015-09-30 19:14:00 · answer #6 · answered by Lindy 1 · 0⤊ 0⤋
Actually if it's the land lord, then it isn't tresspassing. If there's an "unauthorized entry" clause in your lease, you might have a case for civil court, but that would be very unusual.
2007-09-25 06:06:49 · answer #7 · answered by Beardog 7 · 1⤊ 0⤋
A landlord is unable to tresspass.
2007-09-25 06:03:36 · answer #8 · answered by Anonymous · 1⤊ 1⤋