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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32587
Experience:  Began practicing law in 1992
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My tennant is month to month. I need her out of the rental

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My tennant is month to month. I need her out of the rental unit ASAP. Last night, my tennant came into my personal home w/o permission and walked upstairs to my 11 year old daughters room and tried to get into her room while she was changing her clothes. My tennant was babbling incoherently as she was drunk at the time of this incident. She has come into my home and let my dog aggressive dog outside w/o my permission. I caught her trying to "rewire" my hot tub. She literally broke into the electric panel and had her way at it. I am scared for my and my family's safety in our own home. I am having an alarm company out tomorrow to install a system so that my 11 year old can feel more safe b/c of what my tennant did. I have 2 daughters one is 11 and the other is 4 w/ special needs. My 11 year old is traumatized by this incident. My tennant is a threat to my family's safety. What legal/criminal rights do I have to get her removed from my home today? PLEASE get back to me right away. We are worried for our safety.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Typically an eviction would be the appropriate manner to get rid of the tenant however, as you know, this can take a little while.

Dwayne B. :

A quick solution to your problem is to hire an attorney and file for a Temporary Restraining Order excluding her from the residence and then proceed with the normal eviction process. You can even have the court make special orders about when she can be there to move her items out of the house.

Customer:

Can this be done immediately? Like today? And will this restraining order keep her from entering the apartment today?

Dwayne B. :

Yes, a lawyer can usually get a TRO done within a few hours, depending on whether they can find a judge to sign it of course.

Dwayne B. :

Once she is served it goes into effect.

Customer:

What do you mean whether they can find a judge to sign it? And who will serve it?

Dwayne B. :

A TRO has to be signed/issued by a judge. Occasionally the judges will be at a class or in a trial or something else where you can't get to them. Your lawyer will know a process server or can get the Sheriff's Office to serve the document.

Customer:

Ok. I understand that part. Do they (sheriff/processor) have to physically hand her the paperwork? What if she does not answer the door?

Dwayne B. :

They have to hand the the paperwork. They have policies for if the person refuses to answer the door.

Dwayne B. :

Did you have additional questions?

Customer:

No. Thank you for your time.

Dwayne B. :

You're very welcome. Be sure and start calling attorneys right away, it takes a couple of hours to do the paperwork and then they have to find a judge to sign, make arrangements for service, etc.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

I'll exit now to assist others.

Customer:

Will do. Thank You.

Dwayne B. :

You're welcome. Bye!

Dwayne B. and other Legal Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.
Customer: replied 3 years ago.


Good Morning Dwayne. If I ever need to come back, I will def request you.


On Wednesday, we spoke to her and told her it's not working out and that we are no longer renting the apartment. We then handed her a 30 day notice to vacate. She (of course) was drunk when we gave it to her. But she accepted it. She said she will be out in 30 days. No issues that night. Then when I got home yesterday I caught her trying to rewire our outdoor speakers. She was sitting in our front yard (drunk of course). I told her to stop it and to not touch things that don't belong to her. I told her to get away from the speaker. She moved, said some nasty comments and went into her apartment, came back out and said " I have 30 days" then went back in. Then when I was outside in my pool area, getting the frogs out of my pool, she said she didn't want any hard feelings and wanted to talk. I told her I have nothing to say to her anymore, that she's drunk and unrational. She started with her nasty comments again, said I only want her out of the apt b/c my boyfriend made a pass at her and then said again, " I have 30 days". I told her I feel sorry for her and went into my house. She is now, I feel, harrassing me. She only approaches me when my boyfriend is not home. Next, I guess I will have to file the TRO. It's a shame but also good to know that I have options. Anyway, Thanks for listening Dwayne and for your advise.

You're very welcome and best wishes to you.

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