Can I be arrested for trespassing if I have a lease?

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Can I be arrested for trespassing if I have a lease?

I have a lease with the previous landlord and he lost the house to the owner before him. The owner before him wanted to sell the house to me, I refused. Upon refusal, he demanded his money. I told him that I didn’t have it at the moment. He said we have the weekend to get out or I’d be arrested for trespassing. I called the police department and one officer said no and another officer says yes. My previous landlord refused/refuses to give me a copy of my lease. I’m mentally disabled and don’t know what my rights are and don’t have anywhere to go.

Asked on June 10, 2012 under Real Estate Law, Illinois

Answers:

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

Answered 9 years ago | Contributor

Ok you have a lot going on here.  First, trespass is an unlawful intrusion.  THe elements are fairly similar from state to state: intentionally entering the property of another with out permission and staying there.  But you had a lease that was assumed by the new owner (also this is a generality and the facts and paperwork here need to be reviewed).  If nothing else you are a month to month tenant or a squatter.  You can be evicted though for failure to pay the rent.  If you are disabled plase go and speak with legal aid and get help from a local agency that can protect your rights.  Good luck.


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