Legally Speaking Q&A: Evicted Tenants Allowed on Property

By Mark Zinman | Zona Law

Question: I have a 20-unit apartment community. Over time some tenants become friends and

even visit each other after someone moves out. Just to clarify, are evicted past residents

welcome on property to visit current residents?

Answer: Generally, current residents are allowed to have any guests on property. Therefore,

you can’t prohibit a current resident from having a former resident over, unless you trespass the

person. If a person has been evicted for non-payment of rent, there is usually no reason to seek

to trespass them as they haven’t caused a problem. On the other hand, if you evicted someone

for an immediate eviction, such as crime or drugs, then there would be a basis to prohibit them

from coming back. Note, however, that the police likely won’t remove a guest until you have

served them with a trespass notice.