Purpose:
This policy establishes procedures for addressing trespassing incidents at residential properties managed by [Property Management Company Name]. It ensures compliance with Massachusetts state law while prioritizing tenant safety and property security.
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1. Definition of Trespassing
1.1 Trespassing
- Trespassing occurs when an individual enters or remains on a property without the right, authorization, or invitation to do so. This includes unauthorized entry into common areas, tenant units, or the grounds of the residential property.
1.2 Exceptions
- Authorized individuals include:
- Tenants listed on the lease agreement.
- Guests invited by tenants, unless otherwise restricted.
- Employees, contractors, or service providers acting on behalf of the property management company.
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2. Notification and Reporting
2.1 Tenant Responsibility
- Tenants must promptly report any suspected trespassing to property management or law enforcement if the situation is urgent.
2.2 Property Management Responsibility
- Upon receiving a report of trespassing, property management will:
- Investigate the complaint.
- Document the incident, including the time, date, location, and details.
- Notify law enforcement if necessary.
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3. Issuing a Trespass Notice
3.1 Criteria for Issuance
- A trespass notice may be issued to an individual if:
- They are found on the property without authorization.
- They engage in behavior that violates property rules or endangers tenant safety.
- A tenant formally revokes their invitation to the individual.
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4. Enforcement
4.1 Legal Action
- If the individual returns to the property after being issued a trespass notice, property management will contact local law enforcement to enforce the notice.
4.2 Tenant Involvement
- Tenants must cooperate with property management in enforcing trespass notices, including refraining from inviting barred individuals onto the premises.
4.3 Penalties
- Violations of trespass notices may result in:
- Criminal charges under Massachusetts General Laws Chapter 266, Section 120.
- Eviction proceedings for tenants who repeatedly allow barred individuals onto the property.
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5. Tenant Guests and Visitors
5.1 Guest Behavior
- Tenants are responsible for the behavior of their guests while on the property. Any misconduct by a guest may result in the guest being barred and potential penalties for the tenant.
5.2 Revocation of Guest Privileges
- Tenants may revoke an individual’s guest privileges by notifying property management in writing. Property management will issue a trespass notice if requested.
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6. Recordkeeping
6.1 Documentation
- Property management will maintain records of:
- Trespass notices issued.
- Correspondence with law enforcement.
- Tenant complaints and reports related to trespassing incidents.
6.2 Retention Period
- Records will be retained for a minimum of three years from the date of the incident.
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7. Legal Compliance
This policy adheres to Massachusetts General Laws Chapter 266, Section 120, governing trespassing and property rights. Property management will collaborate with law enforcement to ensure proper enforcement and tenant safety.
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8. Contact Information
For questions or concerns regarding this policy, tenants may contact the property management office at:
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9. Policy Updates
This policy will be reviewed annually and updated as necessary to ensure compliance with state and federal laws and to address tenant and operational needs.
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Effective Date: 23rd day of October 2023