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Trespass Bans for Visitors to Mobile Home Parks

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  • 01-27-2016, 10:03 AM
    twinsdad5lp8
    Trespass Bans for Visitors to Mobile Home Parks
    My question involves criminal law for the state of: I am the property manager for mobile home parks. I am being told be the local law enforcement that i can not trespass an individual that has been evicted from a trailer and has issued several threats of bodily harm and property damage to myself, and my manager. According to the local leo's, as long as he is invited to any trailer in the park, he is welcome. Is this correct? I believe I should be able to trespass this individual from all common areas including the driveway, which in fact would stop prohibit him from being in the park.
  • 01-27-2016, 10:04 AM
    flyingron
    Re: Trespassing in a Mobile Home Park
    You need to tell us what state you are in. It very much varies from state to state. Some put such "trespass orders" as unenforceable when a lawfult tenant invites the guest. Others don't.
  • 01-27-2016, 10:31 AM
    cdwjava
    Re: Trespassing in a Mobile Home Park
    As mentioned, the state is important. In CA many kick-out orders (at the end of the eviction process) include an order to stay off the property. If this person was actually evicted by a court order, you may want to read through it to see if it states he cannot return to the property at all. No court order means no strict prohibition.

    I believe that in most states - if not all - an invitation from a lawful tenant will render any trespass admonition by you (management) moot. You may then take the issue up with the tenant who is inviting the unwanted guest and it could be that you might be able to take action against those parties that permit him to return ... depending on CC&Rs, lease agreements, etc.
  • 01-27-2016, 10:50 AM
    jk
    Re: Trespassing in a Mobile Home Park
    In michigan, the landlord/manager/whatever simply cannot prevent people from coming into the park as long as they are there for business involving a resident. It doesn't even require specific invitation. To restrict entry, it requires a court's order which is going to require proof there should be a RO.

    Given the issues involved, OP may be able to obtain a restraining order. I suspect it will not be all encompassing and prevent all entry but it may be better than no order at all. I can imagine a court issuing an order the person remain some specified distance from the OP and any property owned by the OP.
  • 01-27-2016, 12:00 PM
    twinsdad5lp8
    Re: Trespassing in a Mobile Home Park
    Sorry guys, I'm in Hillsborough county , Florida
  • 01-27-2016, 12:12 PM
    jk
    Re: Trespassing in a Mobile Home Park
    Quote:

    723.051 Invitees; rights and obligations.—(1) An invitee of a mobile home owner shall have ingress and egress to and from the home owner’s site without the home owner or invitee being required to pay additional rent, a fee, or any charge whatsoever. Any mobile home park rule or regulation providing for fees or charges contrary to the terms of this section is null and void.
    (2) All guests, family members, or invitees are required to abide by properly promulgated rules and regulations.
    (3) For the purposes of this section, an “invitee” is defined as a person whose stay at the request of a mobile home owner does not exceed 15 consecutive days or 30 total days per year, unless such person has the permission of the park owner or unless permitted by a properly promulgated rule or regulation. The spouse of a mobile home owner shall not be considered an invitee.
    Quote:

    723.032 Prohibited or unenforceable provisions in mobile home lot rental agreements.—(1) A mobile home lot rental agreement may provide a specific duration with regard to the amount of rental payments and other conditions of the tenancy, but the rental agreement shall neither provide for, nor be construed to provide for, the termination of any tenancy except as provided in s. 723.061.
    (2) Any provision in the rental agreement is void and unenforceable to the extent that it attempts to waive or preclude the rights, remedies, or requirements set forth in this chapter or arising under law.
    History.—s. 1, ch. 84-80; s. 7, ch. 86-162.
    between those two statutes (and there may be others that would add) the gist is; you cannot impede on the lot owners rights to have visitors.

    If you believe the threats to be valid, you should report the threats to the police. Often times there are laws applicable to threats. If there is no criminal act involved I still suggest seeking a restraining order. While it would likely not prevent them from entering the park, it would likely prohibit them from interacting with you and likely demand they remain at least some minimum distance from your person.
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