Cana landlord file fora tenant to be put in jail for a criminal trespass?

UPDATED: Nov 7, 2010

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Cana landlord file fora tenant to be put in jail for a criminal trespass?

My landlord got me put in jail with a criminal trespass for 2 counts. Was this legal? She did this because I allowed someone in the building that is on the ban list but, there’s no restraining order against this person by the court to stay off the property. Also, the person is my sister.

Asked on November 7, 2010 under Real Estate Law, Illinois


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

Answered 12 years ago | Contributor

So why were YOU put in jail?  If you live there then you were not trespassing.  So I don't understand how the police could have arrested you.  And what is a "ban" list?  That sounds a bit illegal in and of itself.  So I would consult with a criminal defense attorney in your area as to the status of the matter.  It sounds a bit like harassment.  And as a tenant you have certain rights to have guests in your apartment.  You did not give any information as to why your sister is on the "ban" list for the apartment complex or for the landlord (and it may or may not have an effect on my answer here) but I think that you are correct that if she is an invited guest she is not trespassing.  Seek help. Good luck.

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