Property Access Dispute Resolution

Summary

In Tennessee, property owners have the right to invite anyone onto their property. If no formal eviction is in place, you cannot be charged with trespassing. However, if other residents have been living there for over 30 days, they may have certain legal rights, and a formal eviction process may be necessary. Consult a local attorney for personalized advice.

Full Conversation

Well I moved in with my boyfriend and his mother and father was living with him because the trailer they lived in burned they didn't like me and him being together so me and him went to the building on the property and it's his property he owns the house in the yard and everything so we have peace and then stop damaging our stuff now I'm told that I can't go in the house it's criminal trespass and it's through residence it's beyond living with property house we only came down here for peace and quiet we don't live in a building like to keep saying we do what can I do
Hello Rebecca, I understand your situation is quite complicated. It would be helpful to know your location to provide more accurate legal information. However, generally, if your boyfriend owns the property, he has the right to permit you access. Are there any legal agreements or contracts in place between you and your boyfriend's parents?
No I'm in Seymour Tennessee they law told me he didn't matter if you give me permission or not
I understand your situation. In Tennessee:
- A property owner can invite whomever they choose onto their property.
- Trespassing charges can only be applied if you refuse to leave after being asked.
Is there a formal eviction in place against you?
No I'm still with the guy who owns the property in the house I just am not allowed to go inside the house we don't have any running water or anything down here in this building that the cop said I have apparently live in and they said he cannot give me permission to go in that house
It sounds like a tough situation. In Tennessee, if no formal eviction has been filed:
- The owner has the right to allow anyone on their property.
- If asked to leave and you refuse, then trespassing applies.
Do you have written permission from the owner?
I can get it but they're telling me that it's their residence and they can say whether I can go in there or not even though it's his house and they're not tenants
In Tennessee, as per property laws:
- The owner has the right to invite anyone to his property.
- If no formal eviction is in place, you cannot be charged with trespassing.
- Get written permission from the owner to strengthen your case.
So if I can have the owner stand right there in front of the police and tell them that I have permission to be here at the residence why am I getting arrested for criminal trespassing and why did the law tell me that it didn't matter if you give me permission or not
In Tennessee, if the property owner gives you permission to be on the property, you usually cannot be charged with trespassing. However, this can be complicated if other residents have legal rights to the property. It's recommended to consult a local attorney for clarity.
Well they've been in the house for over 30 days and that's all you need to be considered a resident anywhere in Tennessee but I don't see how it gives them legal rights over the homeowner especially since they're not renting it and they actually moved in with him it's guest that just won't leave
In Tennessee, the law states:
- The homeowner has ultimate control over the property.
- If a guest refuses to leave after 3 days, they can be considered a trespasser.
- For guests staying over 30 days, legal eviction may be required.
Please consult a local attorney for accurate advice.