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My husband and I recieved a criminal trespassing threat from our Apartment Complex manager after an argument. Is this legal?
My husband had an argument with the manager of our apartment complex in Texas. Several days later, we received a letter from the apartment owner stating that neither myself nor my husband could return to the complex under threat of criminal trespassing. Is this legal and how could it apply to me since I was not even there when my husband had the argument.
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Answers (1)
According to Section 30.05 of the Texas Penal Code, a person commits criminal trespass if he enters or remains on the property of another without consent or enters or remains in a building of another without consent and he:(1) had notice that entry was forbidden or (2) received notice to depart but failed to do so.
Under the Code, notice includes any oral or written communication by the owner or someone with authority to act for the owner. The complex has a legal right to forbid certain persons from entering the property. If you enter without consent, you could be guilty of criminal trespass.
The letter you received is proper notice. Since it stated that neither you nor your husband could come back to the complex, you yourself have notice. It doesn't matter that you were not present at the time your husband had an argument with the complex manager.
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Posted by Cynthia Padilla on 21 Jan 2010