Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I was granted a TRO against my tenant. I had her served but…

Customer Question
I was granted a...

I was granted a TRO against my tenant. I had her served but the police will not remove her from my premises because they don't have a move out order. What can I do

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I have already filed an UD and am waiting for the court date to be scheduled I am in San Diego California

Lawyer's Assistant: What steps have you taken so far?

The judge granted all request TRO STAY AWAY IRDER NO CONTACT etc

Submitted: 4 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 11 hours by:
3/19/2018
Lawyer: Nate, Attorney replied 4 months ago
Nate
Nate, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10,724
Experience: Over 10 years of landlord tenant legal experience.
Verified

The unlawful detainer was the right thing to do in order to remove the tenant from the premises. A TRO only applies to you personally, not the property itself. They still have a legal right to stay unless they have breached the lease in some way or are evicted.

I presume the behavior that resulted in the TRO is the basis for the eviction, so be prepared to show the court how they breached the lease and are therefore subject to eviction.

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
No eviction came first the TRO after
Lawyer: Nate, Attorney replied 4 months ago

What is the basis for the eviction?

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
Nuisance and unpaid rent and utilities for 6 months
Customer reply replied 4 months ago
The harrasment began after
Customer reply replied 4 months ago
The judge granted stay away order no contact order and temp restraining order
Lawyer: Nate, Attorney replied 4 months ago

The TRO and stay away are entirely separate from eviction.

Just proceed with the unlawful detainer action. That will get you the order you need to remove the tenant from the property.

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
I thought the TRO would keep her off my property she is causing imreprible damages to my home
Lawyer: Nate, Attorney replied 4 months ago

The TRO keeps her away from you personally, not your property. You still have to go through the process of getting a unlawful detainer judgment to remove her. You can then sue her for whatever damage she has caused to the property.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Nate Your Own Question
Nate
Nate
Nate, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10,724
10,724 Satisfied Customers
Experience: Over 10 years of landlord tenant legal experience.

Nate is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
17 April 2018 10:40 Ely, I have an update and more questions
17 April 2018 10:40 Hi Ely, I have an update and more questions for you. I had the UD served to the tenant. He responded with a 'demurrer' basically saying I have no right to evict him! He is saying t… read more
socrateaser
socrateaser
1,452 satisfied customers
I am an owner that occupies my rental (single family home) i
i am an owner that occupies my rental (single family home) i have filed an eviction and tenant wont leave. now she has her sons father staying here without permission and h has been intimidating me an… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Attn: Barrister I received an Answer to my Unlawful Detainer
Attn: Barrister I received an Answer to my Unlawful Detainer Complaint filed in Alameda County, California denying each statement of the Complaint. What happens now? (Incidentally, she did not check o… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I filed an UD against my tenant of my property on an expired
I filed an UD against my tenant for possession of my property on an expired lease. I know she will request a jury trial to buy more time. Since she filed bankruptcy one day before the bench trial, I k… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
The tenant that I am in the process of evicting just got a
The tenant that I am in the process of evicting just got a dog in the room. There is no pets allowed. What can I do at this point?… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I live in California, and I am in the process of eviciting a
I live in California, and I am in the process of eviciting a tenant. I filed a UD-100, Complaint-Unlawful Detainer, and named the tenant and DOES 1 to 5. I also filed a Prejudment Claim To Right of Po… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
Do you know any motion or remedy to dismiss a UD case after
Do you know any motion or remedy to dismiss a UD case after evidence in trial was presented voiding the 3-day notice?… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
My husband and I have a house and our son s not written in
My husband and I have a house and our son s not written in our title. He brought home a girlfriend who stays with him over a month( San Francisco). They do not pay rent as we never asked. We would lik… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
My brother has a roommate that is free loading and aggravating
My brother has a roommate that is free loading and aggravating his PTSD. He being a nice guy gave him a verbal 30day notice to vacate. The roommate had permission to stay short term in the living room… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
The guy has been living on a month to month lease for a long
The guy has been living on a month to month lease for a long time. He pays his rent but he threatens to burn down the house and also has physically pursued her to attack her. She already has eviction … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Im a landlord with tenant in Oceanside, CA (San Diego County).
I'm a landlord with tenant in Oceanside, CA (San Diego County). She has been perpetually late with rent for three months that she has resided in my condo (on a one-year lease). She knows that in the p… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
After serving a 30-day notice, one tenant who was listed, moved
After serving a 30-day notice, one tenant who was listed, moved out. Should I still list that tenant when I prepare the Unlawful Detainer, UD-100? I still need to evict tenants who are DOES. I got the… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
Hi. I am a 38 yo umarried male and no kids. I bought a home
Hi. I am a 38 yo umarried male and no kids. I bought a home in Ontario, CA solely under my name and moved in on July of 2011. At the same time my then girlfriend/fiancee moved in the house with her te… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
I am preparing my house for sale and my roommate is ignoring
I am preparing my house for sale and my roommate is ignoring my request to move out and is hindering the process to sell. The roommate has been living in my house for 18 months and does not pay rent. … read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
filed a quiet title in district state court was moved to federal
filed a quiet title in district state court was moved to federal for diversity, defendants filed a motion to dismiss, which was granted, i have filed an appeal in 8th district circuit court..The attor… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
I was served with an unlawful detaineer and I was not named
I was served with an unlawful detaineer and I was not named on the papers, The lawyer attached a PREJUDGMENT CLAIM OF RIGHT OF POSSESSION which I filled out and filed and also an answer. I was not abl… read more
Kathie Russell
Kathie Russell
attorney
Doctoral Degree
561 satisfied customers
I have a friend who has served her 50 year old son and his
I have a friend who has served her 50 year old son and his wife with a 30 day eviction from her home for non payment of rent and elderly abuse. The son does not work but it is believed he is using the… read more
Ellen
Ellen
Attorney
Doctoral Degree
649 satisfied customers
My adult daughter received an unlawful detainer - eviction
My adult daughter received an unlawful detainer - eviction on Aug 24. Is there any way to contest this? There are a couple of issues that make this wrong including the fact that a partial rent payment… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
9 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x