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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: 1 month ago.Category: Landlord-Tenant
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Answered in 11 hours by:
3/19/2018
Lawyer: Nate, Attorney replied 1 month ago
Nate
Nate, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10,700
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.

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Customer reply replied 1 month ago
No eviction came first the TRO after
Lawyer: Nate, Attorney replied 1 month ago

What is the basis for the eviction?

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Customer reply replied 1 month ago
Nuisance and unpaid rent and utilities for 6 months
Customer reply replied 1 month ago
The harrasment began after
Customer reply replied 1 month ago
The judge granted stay away order no contact order and temp restraining order
Lawyer: Nate, Attorney replied 1 month 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.

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Customer reply replied 1 month ago
I thought the TRO would keep her off my property she is causing imreprible damages to my home
Lawyer: Nate, Attorney replied 1 month 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.

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Nate
Nate
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