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    alstaz's Avatar
    alstaz Posts: 5, Reputation: 1
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    #1

    Aug 26, 2012, 03:16 PM
    Evict tenant barred by RO
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 26, 2012, 03:26 PM
    Quote Originally Posted by alstaz View Post
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    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's Avatar
    alstaz Posts: 5, Reputation: 1
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    #4

    Aug 26, 2012, 05:22 PM
    Quote Originally Posted by JudyKayTee View Post
    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's Avatar
    alstaz Posts: 5, Reputation: 1
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    #5

    Aug 26, 2012, 05:24 PM
    Quote Originally Posted by ScottGem View Post
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 26, 2012, 05:52 PM
    Have you given him notice to vacate? Does he still have belongings at the unit?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Aug 26, 2012, 06:04 PM
    Quote Originally Posted by alstaz View Post
    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's Avatar
    alstaz Posts: 5, Reputation: 1
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    #8

    Aug 27, 2012, 04:38 AM
    Quote Originally Posted by ScottGem View Post
    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's Avatar
    alstaz Posts: 5, Reputation: 1
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    #9

    Aug 27, 2012, 04:40 AM
    Quote Originally Posted by AK lawyer View Post
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    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.
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