Evictions and Restraining Orders

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.

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 (TRO) to temporarily halt an eviction. Keep reading to learn more.

Orders for protection carry serious legal consequences. All parties involved can benefit from consulting a local attorney for legal guidance.

Harassment Restraining Orders (HROs) for Landlords

If you are a landlord and you have reason to believe your tenant is a threat to your safety, you can file for a court hearing to issue a harassment restraining order against your tenant.

What a court orders a harasser to 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.

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

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.

Temporary Restraining Orders for Tenants

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.

These TROs are a civil injunction—like a harassment restraining order—and the process for getting them can be complicated, so it may be worthwhile to seek out the advice of an experienced legal professional.

When Two Tenants Have a Restraining Order Against Each Other

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.

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 violations can lead to arrest, which may support a landlord’s decision to pursue eviction based on safety concerns or lease violations.

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

Types of Restraining Orders

There are many types of restraining orders. Different orders are appropriate in different circumstances. Some restraining orders include,

• Temporary Restraining Order (TRO)
• Order for Protection (OFP)
• Harassment Restraining Order (HRO)

The differences between the aforementioned orders are significant:

• A TRO is a civil procedure in court determined by civil code.
• An Order for Protection is a family court order, usually protecting one member of a family from another family member. These are often used in situations involving domestic violence.
• A Civil Harassment Restraining Order is similar to an OFP, but an HRO is a civil injunction used for non-family members.

How To Find an Attorney To Help

Targeted legal information can be key in landlord-tenant issues involving safety concerns. A local attorney can review your situation and advise on restraining orders, unlawful detainer, the eviction process, and more.

FindLaw’s directory of landlord-tenant attorneys can be your first step to finding qualified legal help. Enter your city or ZIP code for a list of legal professionals near you. Because state and local eviction laws are relevant, your attorney should be licensed in your state. Your search results will also show important details about potential lawyers, including ratings and whether they offer free case evaluations.