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Question
QUESTION: Hi there,
My friend told me that he went back into his old residence to pick up some of his things he left without their consent. Is this considered breaking and entering even though he hasn't formally been written off of the lease?
Thanks,
Casey
ANSWER: Casey,
The answer in almost all jurisdictions would be yes. There are some mitigating circumstances such as the fact that he was collecting his own property, etc. However, since you have not stated what the circumstances are involving his leaving the residence there is not much more I can comment on. If your friend was forced to leave due to non-payment to the landlord or the tenant who perhaps he sub-leased from it is plausible that his eviction was proper and he would be barred from the premises. That could be the case as well if he simply up and left the residence in essence breaking the terms of the lease. Regardless, this is a fine line distinction within the law and much more detail would need to be provided to comment one way or the other.
Best of luck!
JP
---------- FOLLOW-UP ----------
QUESTION: Hi JP,
Basically, he went back to get some stuff he forgot when he moved out at the beginning of February. He moved out due to some PG&E problems with the other tenants at the house (tenants there racked up a huge bill and did not pay for the bill pass bills even though I've been giving them my portions). HE didn't have a problem with paying the rent--as he was always on time. Anyway, the point is, he went back to get some of his things that were left behind, and his ex-friends/ex-roomates are trying to press charges of trespassing--but he is still officially on the lease (and has found someone to replace him--but that person has not been added to the lease). The issue here is whether he trespassed or not since he left the property Feb 08, but is still on the lease until August 08. He has not broken the lease due to that he found a replacement if I didn't clearify that earlier. So, in essense, my question is did can the tenants there claim "trespassing" and press charges ? Can charges be pressed if its not done at the time that it happened? How does that work? And if there was only one roomate that saw him--is that considered enough witnesses to press charges for trespassing?
Thanks,
Casey
Thanks,
Casey
Casey,
With all the details you have provided I would say that your friend should be OK and protected from any prosecution because he still is lawfully a tenant and would thus have access to the apartment house.
There are no provisions to prevent him from coming and going as long as his rent is paid and he is a lessee in good standing with the building owner/landlord.
Best of luck.
JP
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Answers by Expert:
Jeffrey-Peter Hauck
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