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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9396
Experience:  Since 1983
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Even the police officer that served the Temporary

Customer Question

Even the police officer that served the Temporary Restraining Order on my tenants said this was the most bizarre situation he has seen in 15 years.
I am the owner and landlord of a single family home in Renton, Washington. The home is leased to two brothers who have been fine tenants up to this point. One of the brothers had his ex wife occasionally stay there off and on. (I had no knowledge of this) After awhile they weren't getting along and the ex wife was asked to leave, which she did on July 23rd. She kept bothering and stalking them so they filed and received a Temporary Restraining Order against her on July 30th. This was good for 2 weeks and the judge then decided to remove the order because it was a "he said, she said" issue.
Now for the good part. She filed and got a restraining order against my tenants (the two brothers). The police were there to escort them from the house and turn the house over to the ex wife and her friends who are now there.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 2 years ago.
Thank you for your question.
I am sorry to hear this.
The judge screwed up.
The statute says:
(1) Upon notice and after hearing, the court may provide relief as follows:
(a) Restrain the respondent from committing acts of domestic violence;
(b) Exclude the respondent from the dwelling that the parties share, from the residence, workplace, or school of the petitioner, or from the day care or school of a child;
///
from
http://app.leg.wa.gov/rcw/default.aspx?cite=26.50.060
The unit that you rent to the brothers is not and never has been the dwelling of his ex-wife, who was present there only by invitation as a guest and not as a tenant.
The restrained party can file a motion to vacate the restraining order insofar as it excludes him from the residence that he rents and to which his ex has no colorable claim, since she never paid rent to the landlord while staying there as a guest of the tenants.
Or you can file what is called an ejectment action, see
http://apps.leg.wa.gov/rcw/default.aspx?cite=7.28.010
My opinion is that you would not file an eviction case because the occupants were never your tenants.
You can get a free consultation from some of the local real estate attorneys listed at
http://lawyers.findlaw.com/lawyer/firm/real-estate-law/Renton/Washington
Please follow up on this with a local attorney.
I hope this information is helpful