Home > Research Legal Advice > Landlord / Tenant > Can I stay at the same apartment complex I was evicted from?
Asked about 1 year ago - Westminster, CO
FlagI was evicted from my apartment on friday due to financial hardship/nonpayment of rent. I am currently staying with my boyfriend at the same apartment complex. The leasing manager here posted a notice on my boyfriend's door sttating the following; "I have been told by many residents that [myself] is living in your apartment. [Myself] is not allowed at [Complex Name] Apartments. If she is reported to your unit again, I will call the police." In the RE line of the letter, he wrote, "Trespassing". I've been looking online to see if he has a right to contact the police to have me removed. I have not received at notice other than the original demand for rent or premises. Please tell me what my options are, if any.
Excellent analysis and suggestions by Mr. Murillo. Normally, if you are evicted from one unit simply for non-payment of rent - not for criminal conduct, excessive noise, or another act that would violate the terms of your lease - the landlord can not prohibit you from staying in another unit.
However, as Mr. Murillo pointed out, if your boyfriend's lease has a prohibition on the number of occupants, the length of time that a guest can reside there, etc., then he could possibly be in violation of his lease agreement. As Mr. Murillo suggested, look at the lease agreement. It appears that they are trying to implement there own type of restraining order prohibiting you from even being at his unit. However, they simply do not have the right to do so. A restraining order can only be issued by a county court judge and an injunction can only be issued by a district court judge. From what you have told us, there is simply no basis for a restraining order or an injunction preventing you from being on the premises. So, their claim that they will call the police and have you arrested for trespass appears to be simply a scare tactic and not based in fact.
The rights and obligations of your boyfriend is provided in his lease and any related documents under that lease. Unless that lease provides that the complex can say who may or may not stay at the unit, their claim is baseless. Some leases provide that a guest can only stay for a certain amount of time or other conditions. It all depends on the exact lease terms.
Review the lease and all related documents (like rules and regulations). If possible, speak with a landlord-tenant lawyer if you have questions. If you cannot afford an attorney, you may qualify for free or reduced fee legal services from Colorado Legal Services. Contact them and see if they can assist. Good luck.
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