Re: Entering without proper notification

Re: Entering without proper notification by Bryan (Ia) on February 8, 2012 @14:17

You are making a LOT of assumptions that are not stated.

Machine sheds are commonly left unlocked, so the T would have access and could store things in it, that does not necessarily make it part of the rental nor does the key. The T may have locked and provided a key to the LL, we don't know. The same may be true of the garage. You seem to be stating that simply because a person is using something, the owner loses all rights to it and that is not correct.

If you notice the law you quoted uses the term residence. Much would depend on the state's legal definition of residence. I would argue that a residence must be kept to a habitable state. Garages, machine shed, grain bins, and such are not kept to that standard, nor are they expected to be. The only exception I can think of would is that an attached garage would be considered as a part of the residence.

No, it is not the same principle. The mechanic has no ownership of the vehicle. The mechanic is hired to perform a specific task and nothing more.

[ Reply ] [ Return to forum ]

Re: Entering without proper notification by MrDan (Georgia) on February 8, 2012 @14:44	[ Reply ]

Washington State Attorney General Office LANDLORD-TENANT - CRIMES - CRIMINAL LIABILITY OF LANDLORD FOR UNLAWFUL ENTRY INTO PREMISES OF TENANT (1) A landlord or other person acting under his authority who enters the premises of his tenant without the tenant's consent or without the authorization granted by RCW 59.18.150 may be subject to prosecution for criminal trespass under RCW 9.83.080. (2) The defense against criminal liability for trespass afforded by RCW 9.83.080(3)(d) is not available to a landlord or one acting under his authority who has unlawfully entered upon the premises of a tenant. (3) A landlord who unlawfully enters upon the premises of his tenant may be deemed to have entered with the intent to commit a crime therein, and thus be found guilty of burglary in a criminal prosecution therefor, unless such unlawful entry can be explained by testimony satisfactory to the jury to have been made without criminal intent. 'There can be no question but that the existence of the landlord-tenant relationship does not of itself preclude possible prosecution of a landlord for burglary. Courts in other jurisdictions have so held. See, e.g., Bradley v. State, [[Orig. Op. Page 12]] 244 Ind. 630, 195 N.E. 2d 347 (1964), as follows: ". . . it is well established . . . that a landlord (the owner of the property) can be guilty of burglarizing the premises of his tenant (the possessor of the property) by breaking and entering without the permission of the tenant." (Citations omitted.)'

Re: Entering without proper notification by Bryan (Ia) on February 8, 2012 @16:55	[ Reply ]

"Residence" has now changed to "premises". So the definition changes. That change makes the lease definitions even more important. But still does not make it an absolute.

Re: Entering without proper notification by MrDan (Georgia) on February 8, 2012 @17:38	[ Reply ]

'Property, residence and premises' all apply the same meanings as to trespassing. You can trespass on someone's property, you can trespass on someone's premises, you can trespass on a boat dock, you can trespass in a building, you can trespass at a park, you can trespass in a hotel, you can trespass on school grounds, you can trespass in someones cornfield, you can trespass on an air field, you can trespass in someones pool, you can trespass on a basketball court, you can trespass on a private road, you can trespass at a State Park, you can trespass in a subway, you can trespass in a tenants garage! Trespassing is the act of being somewhere one has not the legal right to be. Under Washington State Laws , A landlord who unlawfully enters upon the premises of his tenant may be deemed to have entered with the intent to commit a crime therein, and thus be found guilty of burglary in a criminal prosecution therefor, unless such unlawful entry can be explained by testimony satisfactory to the jury to have been made without criminal intent. So the law presumes that an unlawful entry by landlord is deemed to be an act of burglary and thus must be found guilty of criminal prosecution. So the landlord not only in this case committed trespass but the criminal act of burglary according to the Attorney General Office for the State of Washington. Lease's are very important and must be properly written, the landlord must be prepared for any circumstances that might arise when doing a lease and protect themselves with proper lease clause's. Most important of all is that the landlord should be knowledgeable of all laws that pertain to being a landlord, including when one can lawfully enter a residence, premise or property.

Re: Entering without proper notification