If an evicted tenant steps onto property it is trespassing

Question: My understanding is that unlawful detainer actions remove the tenant from a specific rental unit. My contention is that the tenant is also not allowed anywhere on the premises of the common areas of the premises after an eviction. Frequently the evicted tenant hangs around the premises and causes additional problems out of spite. What can be done and what are my legal rights as owner?

Answer: If an evicted tenant returns to the common area of the rental property without invitation by any of the current residents, or without your permission or consent, he or she is trespassing. The common area of the apartment community is under the direct control of the owner and manager, and anyone present without authority or consent is guilty of trespass. A restraining order can also be obtained to prevent the former tenant from returning to the apartment community.

Q: My tenant was walking backwards downstairs carrying a 38-pound bag of clothes and fell and broke her wrist. Can I be sued and a judgment obtained against me?

A: You would only be liable if you were negligent in the way you maintained the stairs and your negligence was the cause of the injury. You should notify your insurance carrier as soon as possible.

Q: Our window was broken by a golf ball hit by the tenant of a neighboring property. They admitted they owed me for a new window but moved away before I could collect on it. Is the owner of the property responsible because it was their tenant?

A: The owner of rental property is not normally responsible for the unforeseeable acts of their tenant. In order for the owner to be liable, you would have to prove that the owner knew or should have known his tenant would have caused physical damage to your property, and the owner failed to take reasonable steps to protect your property from harm.

Q: One of our residents admitted to breaking a window in his unit. Our management company wants to make the repair and deduct it from his security deposit. Please give us your opinion if our management company is using proper procedures.

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If an evicted tenant steps onto property it is trespassing

Answer: If an evicted tenant returns to the common area of the rental property without invitation by any of the current residents, or without your permission or consent, he or she is trespassing. The common area of the apartment community is under the



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The standard renters insurance policy usually covers big-ticket items like electronics, furniture, plasma televisions, entertainment systems, jewelry, appliances, as well as clothing. Hey, a new pair of True Religion Jeans could run you 0.00! Wouldn’t it be nice to have the peace of mind that the ,000 wardrobe you are so proud of is covered in the event of a disaster? Could you replace everything in your home easily if it all was lost? Your belongings are often worth more than they think. Just for fun, take the time to put pen to paper , and add up the replacement value of all your belongings. More then you thought, isn?t it? It is amazing how easily things can add up! That’s one reason why you need Renter?s Insurance.

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