{"id":369204,"date":"2019-11-07T15:31:46","date_gmt":"2019-11-07T20:31:46","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/realestate\/landlord-tenant-law\/evictions-and-restraining-orders.html"},"modified":"2026-09-07T13:10:00","modified_gmt":"2026-09-07T18:10:00","slug":"evictions-and-restraining-orders","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/landlord-tenant-law\/evictions-and-restraining-orders.html","title":{"rendered":"Evictions and Restraining Orders"},"content":{"rendered":"\n
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Evictions and Restraining Orders<\/h1>\n\n
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\n By Natalie Moritz<\/a> | Legally reviewed by Chris Meyers, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n
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Landlords may seek a Harassment Restraining Order if a tenant threatens their safety, while tenants may request a Temporary Restraining Order to pause an eviction they believe is unlawful. When two tenants have restraining orders against each other, the order must still be followed within the building, and violations can lead to arrest or support a landlord\u2019s decision to pursue eviction.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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Not every tenancy is an ideal relationship between renters and their landlord, or vice versa. Self-help is not an option. If a landlord files an eviction notice, but a tenant does not want to leave, the restraining order process may allow either party to prevent or facilitate an eviction.<\/p>\n

There are several types of restraining orders, and each has its own legal purpose. Although it is usually not the first course of action, a protective order can be used to prevent a tenant from remaining on a landlord’s property. Additionally, a tenant can also get a temporary restraining order<\/a> (TRO) to temporarily halt an eviction. Keep reading to learn more.<\/p>\n

Orders for protection carry serious legal consequences. All parties involved can benefit from consulting a local attorney<\/a> for legal guidance.<\/p>\n

Harassment Restraining Orders (HROs) for Landlords<\/h2>\n

If you are a landlord and you have reason to believe your tenant\u00a0is a threat<\/a>\u00a0to your safety, you can file for a court hearing to issue a harassment restraining order against your tenant.<\/p>\n

What a court orders a\u00a0harasser\u00a0to do or not do depends on the situation. The court may order your tenant to stay away and stop calling you, or to stay a specified distance from you and your property. If you get an HRO against a tenant who lives in your house, the tenant may have to vacate the rental property immediately.<\/p>\n

If you feel threatened enough by your tenant to seek a restraining order, you may have already started the eviction process<\/a>. However, evictions can take time and involve several steps. An HRO may be a faster way to protect yourself and your loved ones.<\/p>\n

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If a relationship with a tenant becomes so volatile that your safety is a concern, a restraining order may be a key legal tool. Expert legal help is available with this process. Find an attorney near you<\/a>.<\/p>\n

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Temporary Restraining Orders for Tenants<\/h2>\n

If you are a tenant and convinced your landlord is trying to evict you unjustly, you may be able to ask a judge to issue a temporary restraining order to temporarily prohibit an eviction action<\/a>.<\/p>\n

These TROs are a\u00a0civil injunction<\/a>\u2014like a harassment restraining order\u2014and the process for getting them can be complicated, so it may be worthwhile to seek out the advice of an\u00a0experienced legal professional.<\/a><\/p>\n

When Two Tenants Have a Restraining Order Against Each Other<\/h2>\n

When one tenant has a restraining order against another tenant in the same building, the restrained tenant must comply with all contact and distance restrictions in the order. This can be tricky when both people live on the same property.<\/p>\n

Keep in mind that a restraining order is a criminal or civil matter between the individuals and the court. It does not automatically break the rental lease or trigger an eviction. But <\/span>violations can lead to arrest, which may support a landlord\u2019s decision to pursue eviction<\/a> based on safety concerns or lease violations.<\/p>\n

If a tenant violates the restraining order, the appropriate course is to call the police rather than ask the landlord to intervene. Still, p<\/span>roperty managers must take reasonable steps to comply with the order. An attorney can advise<\/a> if the restraining order makes continued tenancy unworkable or if you need guidance on the eviction process in this type of situation.<\/p>\n

Types of Restraining Orders<\/h2>\n

There are many types of restraining orders. Different orders are appropriate in different circumstances. Some restraining orders include,<\/p>\n