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Fiancé/Sons father served no trespass paper

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TaylorD87

Junior Member
What is the name of your state (only U.S. law)? Iowa


My fiancé and son's father has lived in my apartment since June 2015. He was never added to the lease. We have had multiple arguments and we do not deny our mistakes when it comes to that. He and I both got into a disturbing habit of calling police on each other. As embarrassing as that period in our life is, we still love each other and want to be a family. About 8 weeks ago the cops and my landlord knocked on my door asking to speak to him. He was handed a "notice of trespass" form and my landlord told him he had until midnight (5 hours) to leave the property with all of his things and not return or he'd be arrested. I have since spoken to her and the maintenance manager who both say they don't mind him being here, my landlord even gave me an application to have him complete for the property next door and said she would rent him an apartment to get around the no trespass notice because it's a separate property. They both say cops called her and told her of several occasions they were having to come out here because we were calling on each other. So is this legal? Can she issue a no trespass to someone for my home? Can the police? Can I fight this?

I love in a small town and the police now recognize him and are constantly parking outside my building. I don't know that they're "harassing" him, but certainly feels like they're just waiting to arrest him. Can anyone help me with this?! I need advice!
 


justalayman

Senior Member
The landlord can deny your fiancé entrance to any prosperty they control. That means he has no legal access to your apartment so if he is in your apartment, unless he came in via helicopter he is guilty of trespass and subject to arrest and prosecution.

Your fiancé might have a right to challenge this but given the history of the police being called, i suspect he would not be successful in attempting to fight this.

I have not checked the laws but many states have laws prohibiting a landlord form dissallowing anybody form accessing apartments IF they have no legal basis on which to act to prohibit them. In this case it appears the landlord does have a right to prohibit your fiancé from entering apartment lands.
 

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