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I got banned from entering parents condo bc I visited and stayed & lived there against rules years back. Yes my faultThen earlier this year my dad bc terminal, died "quick"/ 4 1/2 months/ from cancer. Now I realize their regulations can legally keep me out, but isn't anything supportive of a man seeing his dad through his passing irregardless of some jerks that didn't even allow me to see him when they were truthfully informed, incl. that he couldn't communicate or appreciate otherwise. He no longer spoke \via phone, and mail sure doesnt cut it, no email, no computer there. In seeing my dad; I mean, isn't it midieval and uncivilized to say " No! no matter what, youre not entering, to hell w letting you two suffer in agony." What harm would I've caused condo. & the harm we got was permanently unspeakable, childish even.
& time issues2press charges against, ANY recourse, file claim on condo?Or should I just forget it? Thanks answers from personal|pros. Im looking justice, not ^ money...

2007-11-06 06:58:58 · 3 answers · asked by Anonymous in Politics & Government Law & Ethics

3 answers

You were trespassing. You were forced to leave. You have no rights to enter the property. You have no standing to sue them as they are not taking away from you by not allowing you to enter the property.

You violated the rules REPEATEDLY and are not looking for some rule to help you. Seems pretty arrogant to me.

2007-11-06 07:07:49 · answer #1 · answered by davidmi711 7 · 0 0

I'm not understanding this. Did you attempt to reenter the condo and they prevented you? Technically, it was not you who violated the lease or covenant, but it was your father by allowing you to stay. No one can say for sure unless they have the covenant or lease in front of them.

The right of exclusion for trespass lies with the tenant or owner. The definition of a trespass is the unpriviledged entrance without license onto another's property. If you are renting a house from someone, the landlord can't kick whomever he wants out of the house. He gives up that right in exchange for rent. It may be written into the lease: "No overnight guests," but a violation of that would be a breach of contract with the remedy being eviction, not a recapture of the right of exclusion.

The problem is if you begin to live at your father's place, the landlord would be forced to evict you! There will be cases in your jurisdiction that deal with this. You may be able to sue on behalf of your father's estate to recapture rent/mortgage money if the condo did infact breach its contract by excluding you. There may be a statutory provision that would consider you a resident of the condo after a certain number of months and forcing you out of the condo without an eviction could be against the law. It depends how friendly your state is to tenants. Consult an attorney in your area by getting a referal from either your state bar association or the american bar association.

2007-11-06 15:27:04 · answer #2 · answered by Discipulo legis, quis cogitat? 6 · 0 0

If you knew your Dad was dying, why not re-approach the board with that info? I am sure they are human.

It is really sad that you didn't have the foresight to do even this before he died!

If you did approach them and didn't like the result, that was th time to have an attorney "write a letter" for you.

All you need have done is ask, it is not like you were booted because you threatened anyone. Or were you?

Sad, very sad.

The lack of follow through on your part is frankly appalling to me.

My suggestion is that you are going to need grief counseling to get over this, not court.

2007-11-06 15:23:54 · answer #3 · answered by Barry C 6 · 0 0

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