If I rent an apartment, can I obtain a no trespass letter, order or notice on my own?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I rent an apartment, can I obtain a no trespass letter, order or notice on my own?

I want to know if I need to go to the local police department or court house to obtain a no trespass notice, letter or order if I am just a renter. I do not own the property.

Asked on July 10, 2016 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can draft a "no trespass" notice and put it on your door, as long as your lease does not prevent posting anything on your door (if it does, you can't). You can't put the notice on any property other than the area you lease--i.e. you can't put it on a common area or the building's front door. Only the property owner (e.g. the landlord) can put a notice on the building as a whole or its common areas, or make policy for the building. The notice has no legal effect directly, but it does put people who see it on notice to not enter, so that if they do try to enter or loiter, if you call the police, they have committed the crime of "defiant trespassing": trespassing despite warning to not do so.
An order only comes from the courts. If there is a person you are specifically worried about, you may be able to get an order keeping him or her away from you (a no contract order or restraining order); speak to an attorney about doing this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption