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Can an evicted (non-pmt) tenant be LEGALLY denied the right to visit other tenants...

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smutly

Posted June 14, 2008 at 9:38 AM via web

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Can an evicted (non-pmt) tenant be LEGALLY denied the right to visit other tenants still residing in a trailer park?

Evictee drives an elderly tenant--and needs to continue this service.

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prospero | College Teacher | (Level 2) Adjunct Educator

Posted June 20, 2008 at 1:33 AM (Answer #1)

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If the owner of the park wishes to exclude certain people from the property owned, then that is certainly within his/her perogative to do so.  Property ownership is a private right that people are free to exercise as they wish, as long as they are within the law.  I do not think any law would be broken by an owner choosing to exclude you from the property.  However, the basis for the exclusion might be examined.

If the owner's exclusion of you from the property is based on some discriminatory basis, then you may well have a right to avoid it.  Also, your client (the elderly tenant) who needs you to drive him or her might make a case that you are a necessary component of that person's livelihood and that an exception must be made to allow you to come and go from the property solely for the purpose of picking that person up and dropping him or her off.

Unfortunately for your circumstance, landowners have wide latitude to enjoy their property rights how they see fit.  If keeping the evicted tenant off the property entirely is in the landowner's legitimate best interests, it may be difficult to avoid the exclusion.

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brettd | High School Teacher | (Level 2) Educator Emeritus

Posted June 22, 2010 at 2:43 PM (Answer #2)

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Unfortunately private property is private property, but in the case of a trailer park or an apartment complex, they would probably have to serve you notice in the presence of an officer of the law that you were not wanted back on the property or it would be trespassing.

It's certainly an unfortunate situation with the elderly tenant you are helping out, and perhaps a judge or police officer would suggest some kind of compromise or mediation, but usually in a court of law property rights trump most everything else.

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