can i be charged for trespassing when you have been served with a 30day to vacate premisses. i ran a horse for 7 yrs and am trying 2 relocate it. they keep threatening trespassing when i try to retrieve my corrals that i need to run my business.
2 Answers from Attorneys
Based upon the facts you have provided, only, if you have not yet vacated the property and they have not yet obtained a writ of possession after an unlawful detainer proceeding, you cannot be charged with trespassing because until you vacate or they have obtained a writ of possession you are still entitled to possession of the property. On the other hand, if you have vacated voluntarily or if you have been served with a writ of possession, you are no longer entitled to possession and can be charged with trespass.
If they have obtained a writ of possession you cannot go and trespass.