# Posting Off / No Trespass Order: Renter VS Owner



## Guest (Mar 1, 2007)

Is there a difference between your rights if you own a property versus if you rent?

I have a "posting off" order from the town Police. They provided this to me when I rented part of a three family house. I moved into a 2 family house. So I visited the station and was told that a tenant could only post off the indoor premises and not the land. Only a landlord could post off the property. They did not explain why my old posting off order had no such restriction. So they are telling me that they will not update the address of my existing in-effect posting off order to my new address. And that this can only be done if the property owner, my neighbor and landlord does the posting off. 

Obviously that can affect my ability to rent and I do not want any trouble or stress from anyone. I just want one person to stay away as they had to do at my old rental. 

Any suggestions? I have not been able to obtain a restraining order. I am a man and the other person is a woman, maybe that is part of it. There is a history of violence and I won a civil case related to 6 assaults from the person. I had to have surgery from a prior assault and my arm has never fully recovered. I am getting profane, angry, threatening calls from the person increasingly as I am closer in distance than before. I am nonviolent and just want peace and quiet. 

Do I have to wait for another attack or B&E? And then get a RO? In the mean time I am stressed out. 

Yes woman can misbehave and no I do not attack her back. That would be wrong.

Stan


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## TacOps (Nov 28, 2006)

Have you called the police when you recieve these phone calls? Don't just sit there and go down to the police station AFTER the fact to ge. Call the police, they'll send an officer out to the house. You may still have trouble getting a restraining order through the PD, because she was not in the house, however, at least the police know whats going on. As far as the tresspass order, yes, only the landlord request one for the property. Maybe when they issued one to you before the law was not in place? I would go down to the courthouse and attempt to get another RO, bring as much evidence as you can.


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## Guest (Mar 2, 2007)

> Have you called the police when you recieve these phone calls? Don't just sit there and go down to the police station AFTER the fact to ge. Call the police, they'll send an officer out to the house. You may still have trouble getting a restraining order through the PD, because she was not in the house, however, at least the police know whats going on. As far as the tresspass order, yes, only the landlord request one for the property. Maybe when they issued one to you before the law was not in place? I would go down to the courthouse and attempt to get another RO, bring as much evidence as you can.


No I have not called the police at the time of the recent calls. But I did discuss it with them in two meetings I had about updating the address of the "posting off" order they previously issued. I have called the Police many, many times in the past on certain matters including threatening calls and trespassing.

Fortunately the offending person does not know of this issue with updating my "posting off order" and thinks that they risk arrest if they come on the property. Mum is the word.

My legal advice at the time of the female on male assaults was (in the strongest possible terms) to NOT call the Police. I have been told again and again that there are three possible outcomes if there is an arrest. 1) I'll be arrested although on the receiving end, 2) Both of us will be arrested, or 3) Nothing will happen. Basically the assailant by being female receives more benefit of the doubt and the officer would have to witness the attack or close to it in order for an arrest to be made there.

This is a complicated matter, this is my ex. In Family Court I could not get a RO and I was the one kicked out of the house although the victim of assault. In Civil court I easily prevailed and won and collected a sizeable cash judgement. But her record is clean as this was not Criminal Court. So although I won in Civil Court and there are admissions, this does not help me very much right now.

I have spent so much money on lawyers that I cannot afford to own in my area right now. It kinda sounds like I would have an easier time getting some protection were I to own the place I am in now. Perhaps I should not mave moved where it is best for me to be for other reasons.

I think I will go over the matter further with my lawyer, maybe we need to try for a RO yet again. Now I am wondering if my old "posting off" order was in fact invalid all along.


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## 94c (Oct 21, 2005)

the owner or person in charge of the property has to issue the trespass notice. It doesn't have to be posted as long as the individual you're concerned about is served in writing.


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## Guest (Mar 2, 2007)

94c said:


> the owner or person in charge of the property has to issue the trespass notice. It doesn't have to be posted as long as the individual you're concerned about is served in writing.


Thanks for your reply. I will have to think about whether to inform my landlord who lives in the other half of the house or not. Since he owns the place and I reside as a tenant in the other separate half, I understand one of the rights he enjoys. I learned about this from when I did the same thing years ago as an owner/landlord with a tenant in another part of the same buidling.

Although I have a lease, he can kick me out for about any reason or no reason since he has the right to quiet enjoyment of his home too. That is, if he was uncomfortable with the situation, HE would not have to move, but I would. It might be best for me just to sit tight but I will check with my lawyer tomorrow.

Stan


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