General Question

Niecy42Comet's avatar

Can a rental property ban you, if you get arrested there?

Asked by Niecy42Comet (7 points ) April 28th, 2012

My boyfriend/child’s father got arrested on my rental property a couple of days ago for an incident that occured about two to three weeks ago. My mom was telling me that once he gets out he can’t step foot on the property that he got arrested on because the leasing office would have banned him from the property. Is that true? How would i find out?

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14 Answers

JLeslie's avatar

I would think if the rental property has not notified you he is bannedt then he isn’t banned. You can check your lease and see if it says anything. Being arrested does not mean someone is a criminal/guilty, so I doubt he will be banned,. But, I am not 100% sure, this is just what sounds logical to me.

AshlynM's avatar

Is this the first time it’s happened? If so, probably nothing will happen. I’m assuming you’ve received no notice from the leasing office about the incident? So there’s no use jumping to conclusions. Best way to find out for sure is to contact the leasing office.

keobooks's avatar

I have heard of this happening in some larger apartment complexes. But it usually happens for more than just getting arrested. I think someone posted here a few years back that their boyfriend was banned from the apartment complex and she was threatened with eviction because the guy got arrested for breaking and entering AND it turned out he could get into the gated complex because she gave him a key card that opened the main gate (her lease said not to give it to anyone not on the lease without them coming to the office and signing for one)

marinelife's avatar

You woul find out because he would be notified by mail. I don’t think that it will be true in your case.

SavoirFaire's avatar

Anyone who owns private property can ban someone from it, but that doesn’t mean that they will or that it is automatic. The property owner would need to have some pressing reason to go through the trouble of banning him. If you haven’t been notified in any way that your boyfriend cannot return to the property, then he can probably return.

I must confess that I do not understand the advice about keeping him off the property in order to prevent him from getting banned from it. If he cannot step foot back on the property, then he is already effectively banned. I would say that he can come back until you are told by the property owner that he cannot.

WestRiverrat's avatar

I would not ask the leasing company at all. If they have not notified him or you that he is banned, then I would not worry about it until they do. Don’t risk putting the idea into the managers head if he or she has not thought of it already.

Response moderated (Unhelpful)
JLeslie's avatar

I wouldn’t worry about it at all by the way.

SpatzieLover's avatar

I can tell you from my experience as a property manager and land owner that anyone arrested (or even if the police are called) will get a 5-day notice and will most likely either be evicted or will be considered a non-renewal.

Depending on what he got arrested for, this could be true. You’d need to contact the management company or Landlord directly to find out. Otherwise, he’ll get some sort of legal notification posted to or sent to his apartment.

augustlan's avatar

I have heard of public housing complexes doing this. It just depends on what the rules are in your situation.

john65pennington's avatar

Once you are notified of the ban, then the arrest can occur for trespassing or criminal trespassing, depending on the circumstances.

MollyMcGuire's avatar

Yes, he can be banned with notice.

Judi's avatar

I would think it would depend on the state you live in. In California, they would have to get a restraining order. Especially if he lives there.

Niecy42Comet's avatar

Ok he got arrested because a few weeks before him and I got into an argument and he backed into my car with my other car. So, he got charged with property damage. Later on he told me that he didnt purposely run into the car but a neighbor that we had been having trouble with called the police complaining about loud noises(which was none). So they came and while talking he stated his name and they realized who he was so they arrested him. So, far I havnt received any type of notice or contact saying that he cant come there.

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