Private Property and Visitation

[penguin_tinkerbell]

I live in an apartment complex, according to my custody agreement my
daughter's father is required to pickup and drop her off at my home,
on prescribed visitation dates. Lately, most likely due to the warmer
weather, he has been standing outside his car, playing in and around
the complex, and running around outside. At this point my neighbors
have complained about 'someone' on the property that is not supposed
to be, and them playing around by their vehicles. I don't know my
neighbors well, I don't know who is complaining, but I can understand
why.

According to my lease I am responsible for all people I allow on the
premises, and anything they do here, including simply annoying my
neighbors. With this I am at the point where I think it is time to let
him know he is not welcome to be here. I don't want to make the people
around me agitated, and I don't want to be responsible for him, or
anything he does. I took a look at the Illinois State Law and it seems
as long as he is given notice this issue can be easily resolved by
standing laws, and if he violates my request he can be removed from
the property by the local police.

I have drafted this letter with the intent to send it to him
certified; I simply want to check if I am within my rights, and that I
don't over step my bounds with this. As well I want to make sure there
is no recourse toward me while I attempt to protect my family and my
home. Here is a copy of the letter I would like to send, can you
please provide me with comments on an issue of this type and anything
I may need to be aware of when dealing with these issues.

Thank you so much

Penguin


-------------------------------------BEGIN
LETTER--------------------------------------------

In accordance with the terms of the lease governing my home, I and all
occupants are responsible, under threat of lease termination, for any
persons allowed to enter the premises of These Apartments. In addition
I am held under threat of lease termination for the actions,
annoyances, and infractions of guests allowed on the property. Due to
these stipulations set forth in my lease contract you are hereby
notified that, other than the prescribed times set forth under the
decree from the State of Texas, you or your agents are not welcome to
use, occupy, or enter the premises of These Apartments. Under the
terms of my lease, the decree of the State of Texas, and the laws of
the State of Illinois, you will be allowed to enter the premises of
These Apartments for the acquisition and return of our daughter, at
the prescribed times only. In addition you and your agents are hereby
notified that during your presence on the property you are not allowed
the use of the facilities, property, or the contents herein. Upon the
return or pickup of our daughter you are required to promptly and
completely vacate the premises.

Upon this notice, and in accordance with the laws of the State of
Illinois, your cooperation in this matter is required. Any infraction
from the time of this notice will require notification to the local
authorities, and charges of criminal trespass will be levied. If you
have any questions or comments please feel free to submit them in
writing.


Sincerely,


-------------------------------------END
LETTER--------------------------------------------

[Raif Palmer]

Thanks for your Illinois family law question. I'm guessing you mean
the father is "playing" around by the car--not the child?

Frankly I don't know what the landlord could do to you for any crime
or wrongful act done by the father. You don't control him.
Provisions in the Lease to that effect may be unenforceable. But I am
not a landlord-tenant law attorney and can't tell you for sure.

I think the warning strategy is fine. However, I don't know that the
letter needs to be that long and detailed. Second, I don't understand
the references to Texas law in your letter. All that applies in
Illinois is Illinois and United States law. Father has a right to
pick up and drop off at your place per your order, but he is limited
by the other restrictions on people at your complex just like anyone
else. I would first ask him to behave, then write a short but clear
letter discussing the problem and what you want him to do (no
loitering, etc). If he continues to be a problem, if he is not
trespassing on your property it is really the Association/Management's
job to enforce their rules and regs, or call the Police to enforce
local ordinances (trespass, etc). You are always free to contact the
police as well if there is trouble. Usually they won't arrest
someone, but will ask him to leave. If he is harassing or
intimidating you, you might be able to secure an Order of Protection
at the local court.

Good luck. These are those "in between" issues that aren't so easy to
resolve with a Court, but cause real problems nonetheless.

See my <a href="http://www.chicagodivorce.net">website</a> for more
information. We are DuPage and Chicago-based divorce and family law
lawyers who can help with your Cook County, DuPage County, or Will
County family law case.

If you retained our firm I could give more specific advice. But I
hope this at least helps you go in the right direction. Good luck.