Landlord wants to trespass someone off the property

[Carissa]

What is the name of your state? Alabama

On Friday my neighbor called the police because someone was peeping into her bathroom window while she was taking a shower. She said she saw the same person coming out of my apartment a few minutes later. The person coming out of my apartment was my brother, who has been living with me for the past several months, but is not on the lease. She said the person peeping into her window was wearing blue jeans and a black t-shirt. When I saw my brother later that day, he was wearing a grey t-shirt and black track-pants which could not possible be mistaken for blue jeans.

Later that day, I got a call from my apartment manager saying that my brother was not allowed to come back because of this incident and that he was going to be trespassed off the property. She wants him to go to the office and meet with her and the police and sign some papers. He refuses, and I don't blame him. I was awake taking to him, though I had not yet gotten up when he left. I heard him walking around getting ready for work. If he'd gone outside and climbed on the roof, or even gone through the bathroom window, I'd have heard him. He could not possibly be the same person who was my neighbors peeping tom.

My brother has no where else to live and has pretty much been living in my car since Friday because he's not allowed to come back. My questions are what are our rights. Can I talk to the police and tell them that I was awake enough to know if he'd actually done what my neighbor accused him of? It's basically her word against mine. Who will they side with? Can he be trespassed off the property with so little proof? Someone with a similar build who looks kind of like my brother and was wearing similar clothes does not seem like enough proof but maybe it is.

Also, if my brother does not sign the papers my landlord wants him to, what are the possible implications for me? Could I be evicted for that? Could I be evicted for simply fighting these accusations?

Thanks for your help! This is all very confusing and I don't know anyone who specializes in this type of law.

 

[Hot Topic]

It's not the landlord's responsibility to keep a roof over your brother's head.

The police might explain the difference between what the neighbor said he had on and what you saw him in later in the day as simply a decision on his part to change clothes.

I think there's a very good chance that your brother's days living with you are over. Eviction would be up to the landlord, and he might not want someone who's not on the lease and has a charge of being a "Peeping Tom" hanging over his head to stay.

 

[Carissa]

Right, thanks for your answer, no thanks on the attitude. I was simply wondering what my rights were in this situation, if any. I had a peeping tom too when I first moved in here, and feel safer having someone live here with me. That's why I want my brother to stay but it's also why I'm trying to be sympathetic of my neighbor.

I have no doubt in my mind that my brother didn't do what he was accused of (because I was home and would have heard him), but I understand the difficulties of proving that he didn't. No charges have been filed and it's basically my neighbor's word against mine and my brother's.

 

[JustAPal00]

What does your lease say about overnight guests? If it says they can stay a certain number of nights, then that's all your brother can stay. If you do what the lease says, then your LL can't evict you because your bro won't sign something.

 

[LindaP777]

Right, thanks for your answer, no thanks on the attitude.

I never understand why people bother to come here, then insult senior members when they don't get the answer they want to hear.
Hot Topic did not have a bad attitude as far as I can see. OP, you'd be better served helping your brother pack.

 

[Carissa]

The lease says if a guest stays more than a certain number of nights, your guest has to fill out an application and pay a fee, which we did when he first moved in so he's an approved guest but not on the lease. He was, however, originally going to stay a month but he's been here longer.

 

[JustAPal00]

I never understand why people bother to come here, then insult senior members when they don't get the answer they want to hear.

Who cares if someone is a senior member, answer the OP's question! Some of the senior members on here seem to get their jollies by belittling people with questions about a hardship they are going through in their lives! The OP asked a legitimate question, and received no answers, just snyde comments! I didn't think Hot Topics response was that rude, but it was also very little help!

 

[JustAPal00]

The lease says if a guest stays more than a certain number of nights, your guest has to fill out an application and pay a fee, which we did when he first moved in so he's an approved guest but not on the lease. He was, however, originally going to stay a month but he's been here longer.

Read your lease, and follow it to a tee, and you will be fine!

 

[Carissa]

Just to clarify, the issue I had with HotTopic's reponse is that s/he assumed that my brother was guilty, when that's more than the police have done. He also seemed to imply that my even inquiring about my rights was stupid...maybe he didn't mean to, but that's how I read the response.

 

[JustAPal00]

Whether or not your bro did it or not is a seperate issue. The landlord has rights, but you do too. The lease rules both of you. If you violate your lease the landlord can evict you. You need to read the part about guests and follow it. Like I said, I didn't think Hot Topics comment was that rude, it just didn't answer the question. I felt that Lindap777's commnet was snippy and uncalled for. There are a lot of senior members on here who are less interested in helping people than putting them in their place!

 

[Alaska landlord]

If your lease has expired your landlord can give you the boot, so any argument you have for your brother is of no consequence. As for your testimony about your brother****************************.let's face it, you're his sister and will vouch for him regardless, whether or not he is the perv that has peeking into windows. Another issue is that of the status of a guest. Guest don't have many rights and can usually be given notice with little advance notice. Check your lease for rights afforded to guests.