QUESTION

Can a landlord provide my guest a notice of trespass without consulting me?

Asked on Oct 17th, 2011 on Landlord and Tenant Law - New York
More details to this question:
Can a landlord of a public building give my guest a notice of trespass without first consulting me? When my guest had broken no laws?
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3 ANSWERS

Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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Yes.
Answered on Jun 02nd, 2013 at 10:16 PM

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General Practice Attorney serving Woburn, MA at AyerHoffman, LLP
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Whether your landlord can charge your guest with trespass depends on the nature of the property and the nature of the trespass. You, as possessor of the property, generally have the right to grant a license (a right to use - in this case an invitation or permission) to a guest to enter the property you possess. Your landlord gives up possessory rights to the property in exchange for rent and without this possessory interest has no grounds to charge anyone with trespass. This is more complicated if the property rented is an apartment or condominium with areas to which you have no right to possess or control. You cannot grant any kind of right which is more extensive than a right you possess (you can't give away what you don't have). If your guest enters an area to which you have no rights, and the guest does not have a license granted by the party with possessory rights to that area, the guest has committed trespass against the possessory party.
Answered on Nov 03rd, 2011 at 5:26 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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I'm not sure what you're asking because I don't recognize a "notice of trespass".
Answered on Nov 03rd, 2011 at 2:22 PM

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