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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I owe a duplex and one of my tenant has file a restringing

Customer Question

I owe a duplex and one of my tenant has file a restringing order against the other and restricted her access to her own home and now she is sleeping in her car. The problem is the tenant who filed this order is my recent tenant and finding that she is mentally not so stable “anything I say is harassment and she claims to be Disable and brought 3 dogs and many birds into the property” , I don’t get any chance to reason with her without any accusation that because she is disable that’s why” . On 9/23 is their court case appointment. The other tenant has been there for 10 years and is a section 8 and old lady but she can be annoying sometimes, but certainly not dangerous. What would be my position in this case?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I'm in CA, the property in Orangevale
JA: Has anything been filed or reported?
Customer: yes the restring order has been filed and the police has escorted the other tenant out her home
JA: Anything else you want the lawyer to know before I connect you?
Customer: as a small business owner how much I am obligated for servicing disable person? in this case 3 dogs and many brides? and emotional coco person?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Have you been formally subpoenaed to go to Court by either of them?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
No, but this tenant is really a disturbance to my business,
Customer: replied 1 year ago.
is any law that disable people can bring as many dogs and brides in to property with out the landlord permission? and had to pay no Pete deposit?
Expert:  Ely replied 1 year ago.
Thank you and apologies for the wait!
First of all, understand that someone in your situation has no mandate to show up at the Court. And frankly, you do not have to unless you want to. Period. And it may be best NOT to make an appearance, because someone in your situation would only be stepping into the "drama" of the two tenants. It does not really concern you unless you are subpoenaed.
Should you go, just because she is mentally unstable or has mental issues that may fall under ADA does not prohibit someone in your situation from testifying to the truth which may be in favor of the other tenant. However, if this person is litigious and likes to exact revenge by filing legal complaints, perhaps it is simply best NOT to get involved. I personally likely would not.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 1 year ago.
this tenant is coco, I need to evict her ASAP, she will be a problem in the future seriously and need to get her out. use the situation ? how?
Expert:  Ely replied 1 year ago.
You can for any of the following reasons:
-filed to pay rent
-Violated any provision of the lease or rental agreement
-Materially damaged the rental property ("committed waste")
-Substantially interfered with other tenants ("committed a nuisance")
-Committed domestic violence or sexual assault against, or stalked another tenant or subtenant on the premises.
-Used the rental property for an unlawful purpose
-Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs.
-Using the building or property to conduct dogfighting or cockfighting
-Unlawful conduct involving weapons or ammunition
If her restraining order is dropped as without merit by the Court, perhaps that can fall under "interfering with other tenants." Otherwise, any action above can also apply.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
I will make additional payment.
I find out that in her restraining order, she has included that that other tenant has been taken movies from her nude daughter thou her window? Child molestation, it seems this my tenant go to jail. she has lived in my property for 10 years and she always is trusted with kids! how can I check the 2nd tenant record to see if she has done this kind blaming before? this is much more problem!
Customer: replied 1 year ago.
that's why when I called the police, they didn't want give any detail about her case. She is on section 8 housing program. and goes to church, and has no money, I'm afraid this nasty person is going to put her in jail for the rest of her life. Any one can help her!
Expert:  Ely replied 1 year ago.
There is no central database for civil matters. There are two essential places to check if you do not wish to pay for a background check which includes civil matters (which frankly, may be easier).
Contact all the small claim courts around where she lives in Orangevale and see if there is any filing with her name as Plaintiff or Defendant. This information is public record. And, so the same thing with the Sacramento Superior Court:
She may very well have record(s) in other courts or federal court, which is why it would simply be easier to do a civil records background check online.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.