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alstaz
Aug 26, 2012, 03:16 PM
I have a restraining order against a tenant living in a rental ynit on my property. Di I also have to evict him since he cannot be within 100 yards of my family?

JudyKayTee
Aug 26, 2012, 03:26 PM
I have a restraining order against a tenant living in a rental ynit on my property. Di I also have to evict him since he cannot be within 100 yards of my family?


Where? In NY if/when you have a restraining order the Courts advise you to proceed with eviction.

Without the eviction you cannot get the person out - you can keep him off the property but that doesn't change his status as your tenant. He doesn't pay (because he can't live there) you need to evict him.

Sounds like you've been living in a nightmare!

ScottGem
Aug 26, 2012, 04:47 PM
First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

Is the RO permanent? Have you given him notice to vacate?

ANY question on law needs to include your general locale as laws vary by area.

alstaz
Aug 26, 2012, 05:22 PM
Where? In NY if/when you have a restraining order the Courts advise you to proceed with eviction.

Without the eviction you cannot get the person out - you can keep him off the property but that doesn't change his status as your tenant. He doesn't pay (because he can't live there) you need to evict him.

Sounds like you've been living in a nightmare!

Welive ion San diego CA>

alstaz
Aug 26, 2012, 05:24 PM
First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

Is the RO permanent? Have you given him notice to vacate?

ANY question on law needs to include your general locale as laws vary by area.

The RO is permanent (3 yrs) due to multiple death threats

ScottGem
Aug 26, 2012, 05:52 PM
Have you given him notice to vacate? Does he still have belongings at the unit?

AK lawyer
Aug 26, 2012, 06:04 PM
I have a restraining order against a tenant living in a rental ynit on my property. Di I also have to evict him since he cannot be within 100 yards of my family?

Is the rental unit within 100 yards of the building in which you and your family live? Does he have a lease. Has he violated any terms of the lease?

alstaz
Aug 27, 2012, 04:38 AM
Have you given him notice to vacate? does he still have belongings at the unit?

RO was served before notice could be given. Do not have any idea where he is to serve notice now.

alstaz
Aug 27, 2012, 04:40 AM
Is the rental unit within 100 yards of the building in which you and your family live? Does he have a lease. Has he violated any terms of the lease?

25 ft from residence. Can't locate rental agreement. Owes $4000 in back rent. Is my wife's son.

ScottGem
Aug 27, 2012, 04:49 AM
Mail the notice to the last known address. If he didn't leave a forwarding, that's his problem.

You didn't answer whether he still has belongings there.