Can a fraternity member living in the house press charges of trespassing on another member of the house for going into his room?

The fraternity house is owned by a non-profit alumni organization the housing contract for the room wasn’t signed yet by all the required signatures. Does the member still have the ability to press trespassing charges?

Asked on September 30, 2014 under Criminal Law, North Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

While I certainly understand your situation, I do not think that you have the right to press charges for trespassing (called "standing" to sue). In order to commit trespass in North Dakota a person has to enter any property without permission from the owner.  You are not the owner and while you may assume that right under s housing contract, it must be read to see if that right is transferred and you yourself admit it has not been signed.  How about reporting it to the powers that be and continue to file complaints.  That could give you a history to use later on.  Good luck.


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