Expert: Robin Sexton - 7/29/2008

Question
i have lived (stayed) at my finance apartment home for bout three months and i have been receiving mail there for about the same time period . the landlord has harassed me bout not being on the leased, i have told her that i just come an go, this morning she had the cops waiting at the residence. and they issued me a criminal trespassing order. i feel like she is violating my civil rights to come over as a visitor since i have not done anything.

Answer
Francisco,

You are being some what disingenuous. In your question you first state you have been staying there for about 3 months and even receiving mail their. Then your last comment is that you are a visitor.  Both can't be right.  You may be violating your fiance's lease which could be terminated and she could be kicked out.  As to the criminal trespass the landlord is not violating your civil rights.  It is their property and they have an agreement with their tenant ( lease / rental agreement) they have their rights also. As to the criminality of it that would depend on your jurisdictions definition of criminal trespass, however the authority for granting access is probably in their corner.

Sorry


Good luck

robin