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I own a house and it has been red tagged. Can I be arrested for being there?

Hayward, CA |

I have been arrested for trying to pick up mail, etc. We had a small fire in the back room, it has been repaired but there is no power now and the permits to work on property have run out.

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Attorney answers 2


This is more a question of context. Why are you going there? Are you going with a contractor to make repairs? An inspector to get an opinion on what it wrong and needs to be fixed? Or are you trying to live there?
"Red-tagged" usually means the city or county has noted a problem with the property or structure. It could be something easy, difficult, expensive or impossible to remedy. Your first move is to speak directly to the government agency in charge of the property. Proceed with caution and get your own thorough inspections.

If you are visiting the property to remedy the issue, you may be allowed to be there. If you are there to remove stuff, hang out, etc. the police can probably remove you. I would contact the local government for clarification.


If you violate City ordinance you can be arrested, that is why the property is red tagged. If the damage has been repaired, you should have the City sign off on the improvements so they will recognize the property is habitable. There is no easy end around the situation; you just have to play by the rules.

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