First thing, I live in the house and rent the other rooms out to the tenants.
This morning, the tenant blows up on me about not renewing his contract (which ends in May). He starts yelling and threatening about all kinds of things. Threatens to “kick me ass”, run the utilities sky high, bring dogs into the house and all kinds of other things. I should have gotten all this on recording; next time.
Anyways, one thing he threatens me with is a restraining Order so that I can’t even come into my own house. What is the legitimacy of that? Is that possible?
I think it is a really good thing that you are not renewing his rental agreement. You need to get rid of this guy.
If he threatened to kick my ass in my own property, I would already have a restaing order and would be filing his eviction today.
By the way, in many places, the threat itself is an assault:
http://legal-dictionary.thefreedictionary.com/assault
DISCLAIMER: I am not a lawyer and do not play one on TV.
Keith
That’s bs. Getting a restraining order is not like going to the store and buying a chocolate bar. A judge has to determine whether it has merit. There has to be a reasonable fear for his safety.
Have the police ever questioned you about it? If the police were never involved, why would a judge grant the order? Also, the judge is going to wonder if the tenant fears for his life to justify a restraining order why doesn’t he move instead of remain? A judge will see his through his bs and deny it. The tenant’s full of hot air. A tape recorder is a good idea fpr next time though
Why are you kicking him out anyway? You selling the place? It’s better to have it rented imo, though I don’t have all the information about what led up to his eviction…
make a police report on the incident, and anything else he does,that way if he tries to get a restraining order or any other BS you will have something to back you up,it will also help if you end up needing him to leave before the lease is up
sounds like the tenant is the one who needs to be restrained…
File a restraining order immediately. If he files on you first they will implement a temporary restraining order on you until the judge sees it. This can make you homeless for a month! A restraining order also includes the automatic filing a brady bill which prevents you from having a fire arm (at least in ohio it does).
If all the above else advice doesn’t work the next time he acts a fool have him 302’ed to a mental institution. It will hold him for 72 hours of evaluation.
Hi,
Call 911, make a complaint, and ask the cops how to get one.
Do you think in the future that you’ll have teanats living with you?
I never have (other than my girlfriend) but in ALL the cases it ends
up with a problem.