When is a tenant trespassing

A tolerated trespasser may remain in occupation on terms such as payment of rent plus gradual repayment of rent arrears. However, it is vital that any payments are accepted by the landlord not as rent but as mesne profits , which are damages for unlawful occupation. If any payment is accepted as rent, this may lead to a presumption that the landlord has granted the tenant a new tenancy. The exception to this, however, is assured and assured shorthold tenancies where rent can safely continue to be accepted as rent until a possession order is granted by the court.

This is because a statutory tenancy is deemed to exist until the tenancy is brought to an end by the court section 5 2 Housing Act Where the landlord is not particularly bothered about recovering possession of the property, tolerated trespassers may continue occupying them for years without realising that they are not actually tenants any longer. If, during the term of a tenancy, the landlord has the right to enter the property for a specific purpose, such as to collect rent or inspect for repairs, the landlord would be committing trespass if he entered the property for any other purpose.

He would not have permission to enter for other purposes, and the fact that the landlord owns the property does not prevent him from being a trespasser if he enters without permission. This duty is owed where there is a risk against which the occupier may reasonably be expected to offer some protection and the occupier knows or has reasonable ground to believe both that a danger exists and that a person is in or may come into the vicinity of the danger.

Where a tenant has exclusive possession of the rented property, he is regarded the occupier. This means that it will be the tenant rather than the landlord who is held liable under this Act.

The landlord is only the occupier of any part of the property over which he has retained control. This action can be taken at any time. Once a summons has been served, there is a delay of five days, for residential property, before a court hearing. In respect of non-residential property, this delay is just two days. If a court finds that the occupiers are, indeed, trespassers, it must make an immediate order for possession.

Rules of the Supreme Court Order However, the landlord will usually require eviction to be effected by court bailiffs. When bailiffs evict the trespassers, they must turn out all persons in the property, regardless of whether those people were parties to the proceedings.

This includes people who moved into the property between the date of the court order and the actual eviction date. Tenants in California have the right to "quiet enjoyment" of their property. This means they can treat the property as their own home, invite guests over and otherwise engage in normal activities that don't violate local laws. Your landlord can't prohibit you from having guests or require that your guests be monitored.

In addition to the right to guests, tenants have a right to privacy in their rental properties. Landlords who keep track of guests are generally violating their tenants' privacy. California law states that landlords can't show up unnanounced at a tenant's property without 24 hours notice. The only exception to this rule is if an emergency arises that endangers the property, the tenant or people in the property. Thus, if your landlord is showing up at your home to monitor your guests or demanding to come over after hours, he's breaking the law.

Landlords can add provisions to the lease about guests and, so long as these provisions don't violate local laws, the provisions are enforceable.

For instance, a home that has been foreclosed on is on the verge of being sold. There are telltale signs that give away the fact that no one lives there. Landscape dying - A bad landscape can be a sign as well. For Sale Signs - For sale signs, combined with other signs of vacancy give away the fact that the home is vacant, which leaves it open for trespassers.

Porch or outside lights on all day. If you enter the home and confront a trespasser, it is best not to take action on your own. Call the authorities and wait for them.

In some cases, this will work. However, in other cases, you will need to get a copy of your police report and take further action in civil courts. Sometimes street justice works which, we used in the old days, but not advised anymore. You can go through the eviction process and get a court order that tells the trespasser that they are no longer legally allowed on your property.

If he or she should come back, this will be considered contempt of court, and could result in jail time. Using a legitimate rental agency is the best way to rent a strange property. Owners that appear to be renting their own property may not be the owner.