Legal Question in Civil Litigation in New Jersey

Apartment complex -power of attorney

I am a new manager of an apartment complex that is having a problem with loitering , 30-50 people on weekends partying outside the office. Most of these people are not residents. I can view our cameras from my home 30 minutes away .I call them when I see this going on and the response is that I should enforce our rules and do my part.It is private property and they can't do anything but ask them to move.

I told them if they collect names and addresses I will sign tresspassing charges against them . The police dept has not cooperated with me in getting this information. My question is if the owners or I give the police power of attorney would this solve the private property issue?

I believe this is the main issue since they were once sued at an apartment complex by the person

who was arrested.

Please help,


Asked on 9/02/08, 12:34 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Apartment complex -power of attorney

You will have to do a bit more. First, you must post signs which clearly warn that persons who are not residents or visiting residents will be deemed to be trespassers and prosecuted as same.

Then you will have to communicate with the police chief about the problem and work out a strategy for identifying the persons illegally upon your property and fling criminal complaints against those persons. Loitering statutes are generally unenforceable as being unconstitutional.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 9/02/08, 1:06 pm
John Corbett Corbett Law Firm LLC

Re: Apartment complex -power of attorney

A power of attorney will not solve the problem. The best way to deal with the situation is for you (and perhaps the owner) to meet with the police officials and see what they need in order to help you enforce your rules.

Before you do that, a look at your lease and the rules is in order. Keep in mind that these people may not be tenants, but they may be invited guests of the tenants. In that case, they are not technically trespassing unless the tenants are also prohibited from using the area. So, you may have to change the rules for use of the common property.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 9/02/08, 1:55 pm


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