Crossing the Line: Contractor Trespassing – Know Your Rights and Remedies

You hired the contractor for work, and suddenly, he breaks the fine line between his right to get payment and the limits set by the law. What will you do?

In a recent incident, a contractor demanded compensation for his work, which was his legitimate right. But he did something that overshadowed his legal rights. Let’s delve into the legal implications of this contractor trespassing and explore whether the contractor can still salvage their claim.

Trespassing Law & Penal Code § 602 PC

Under California Penal Code Section 602, trespassing occurs when an individual unlawfully attempts to enter or remain on someone’s property without permission or right. According to California law, such actions may result in penalties ranging from a felony to a misdemeanor or a non-criminal offense. Examples include entering an area marked with “no trespass” signs, hiding in someone else’s garage, or attempting to disrupt a person’s business activity by entering their property.

However, criminal defense attorneys use various defensive techniques to deal with trespassing allegations. Some of its examples include:

• The property didn’t have “no trespassing” signs mentioned.
• You had the owner’s consent or right to be on his property.
• Or you did not act knowingly.

Violating California Penal Code & Its Penalties 

According to Shouselaw, a trespass case can be classified as a misdemeanor, infraction, or felony under California law and has different penalties depending on the situation.

Misdemeanour Trespassing: This is the most commonly occurring offense under California Penal Code Section 60, and its penalties can be six months in prison and a $1,000 fine.

Trespassing as Infraction: Knowingly entering someone else’s property without permission, even if it’s fenced or posted with “No Trespassing” signs, constitutes infraction trespass. Its penalties can be a $75 punishment on the first infraction and a $250 fine on the second on the same land.

Trespassing as Aggravated (Felony): If you make a genuine threat to the person and try to access their property within 30 days of making the threat, that is a felony. However, Under California law, it could also be a misdemeanor or a felony, called a wobbler. Their penalties differ from each other. Authorities may charge an individual with the misdemeanor of aggravated trespass, resulting in a one-year county prison sentence and a $2,000 fine. On the other hand, the felony aggravated trespass had to face three years in jail and a $10,000 fine.

20-Day Preliminary Notice and Lien

A mechanics lien can be a great way to address payment issues for contractors, subcontractors, and others because it ensures the contractors are getting paid and should file a foreclosure action. This claimant has been defined by California Civil Code (C.C.) § 8004, § 8024, §§ 8400-8404.

According to C.C. § 8410, to execute the Mechanics Lien and stop payment notice rights, most claimants who provide labor, service, equipment, or material to a private work of improvement must first serve a 20-day preliminary notice. Moreover, the owner, general contractor, and lender should receive the initial information. However, certain claimants, like workers, may not need to provide advance notice under C.C. § 8200 (e).

Mechanics Lien: A Hold on Property

Sometimes, property-related legal holds can have payment problems with suppliers or contractors, resulting in foreclosure if left unresolved. An underpaid contractor, subcontractor, worker, or material supplier can file a mechanics lien. This lien acts as a “hold” and gets registered with the county recorder’s office. Failing to make a payment allows for the initiation of foreclosure proceedings, compelling the sale of the property without compensation.

When a general contractor, known as a ‘direct contractor,’ does not pay suppliers, workers, or subcontractors, the subcontractor may file a lien. Even if a homeowner has already paid the general contractor, the homeowner is legally required to make sure all subcontractors are paid.

Time Duration for Mechanics Lien

Understanding how long mechanics liens last on a property is crucial, just like having a roadmap for a journey. Here’s the breakdown:

• Ninety days: The Mechanics Lien Law in California states that you have ninety days from the final day you completed work or delivered supplies for the project to file a Mechanics Lien.
•  Sixty days: This shortened timeframe applies if the owner files a notice of completion or cessation, signaling project completion.
•  County filing: Always file your lien in the county where the property resides.
•  Proof of service: When submitting a lien, provide an affidavit and evidence of letter delivery to substantiate the claim.

Following these guidelines and timelines ensures that your mechanics’ lien remains valid and enforceable.

Common Effective Defense Strategies to Penal Code 602

Defendants may provide a legal argument to contest a trespassing allegation. Among the three typical defenses are the following:

You had the owner’s consent or right to be on his property: This defense against trespassing accusations hinges on two possibilities: permission from the owner and a legitimate reason for being there.

No deliberate action: Remember that you typically only commit this crime if you do it knowingly. Therefore, proving that you did not intentionally break the law would be a defense. For instance, you may have been misplaced and ended up on someone else’s land.

No Signage or Fence: You might be able to get a trespassing charge dropped. Demonstrate that the land lacked proper signage in the right spots and wasn’t fully fenced in.

The Case Study Analysis of Contractor’s Trespassing

This situation raises legal and ethical questions. Although entitled to pursue payment, the contractor trespassed by entering the homeowner’s property without consent, breaching California Penal Code Section 602 PC. Entering without consent and engaging in questionable activities like playing basketball and demanding payment raise serious concerns. It’s the homeowner’s property, and entering without permission is illegal. The contractor’s actions have legal consequences and could result in penalties.

Key Takeaways and Lessons Learned

Homeowners should prioritize their safety and avoid potentially dangerous situations or dishonest contractors while understanding the legal consequences of contractors trespassing on their property. California law imposes harsh penalties for trespassing, even when the contractor has a legitimate claim for payment. Therefore, contractors must always follow the law, act ethically, and refrain from any activities that constitute unauthorized entry of the homeowner’s property.