Legal Question in Personal Injury in California

consent to trespass

If a person has permission to be on privte property, permission given by a renter, can the owner of the property bring a tort for trespass

Asked on 10/09/06, 12:54 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: consent to trespass

Without further information, if the renter is in possession, usually the answer would be "no," unless there are extenuating circumstances. These might include whether the visitor is a known drug dealer, convicted murderer, child molester, etc., or whether the visitor is known to make a lot of noise late at night.

Some leases require the tenant to notify the landlord if a guest is to stay more than a certain number of days, thereby incurring additional rent. But that still doesn't make the guest a trespasser.

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Answered on 10/10/06, 6:08 pm
David Lupoff Law Offices of David B. Lupoff

Re: consent to trespass

Unless the visitor has some sort of legal restrictions from the property, the answer would be NO.

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Answered on 10/11/06, 2:10 am

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