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Many of the laws are in Title 38 (as someone mentioned above), but many are not. It's 10 pages of varying laws... unsure if it contains all.
I'll still make some calls... might be easier than expected to get a copy all in 1 spot, maybe not. But, I'll update in the event it helps someone down the line.
Thanks, Snow. That's just an overview of some of the main laws... I've seen it. This is what's so frustrating... bits & pieces of laws in varying places.
I appreciate the help. I'll make some calls to see if I can get some guidance & report back.
You do not have to get permission, you are correct. The tenant can force you away and file a restraining order. The cops serve you and you must stay away.
Just talk to any number of ex-husbands/boyfriends out there to see how easy it is. They are automatically issued, virtually instantaneously, and you have to show up and tell a Judge why it should not be. In the meantime, it's a criminal offense to contact the person on the order. They can contact you, you cannot contact them. That is generally true in all 50 states.
The tenant can get an order likely for free, and you have to pay money if you want an attorney to represent you.
This is a case where you have the right, and are within the law, but you need to bow to the tenant or kick them out. I kick them out, or skip renting to low-quality tenants in the first place.
I'd like to see an actual example of this happening. Please link one. Otherwise, I'm hoisting the BS flag.
Restraining orders are not granted because you are inconvenienced. If a landlord gives notice of entry and a tenant prevents that entry, in every lease I've ever seen that is a breach/default and will subject the tenant to eviction.
ROs are for protection, and without any threat, you arent getting one on a landlord. It just doesnt work that way. Even pro-tenant judges and magistrates will look at the petitioner like they're an idiot. And a judge or magistrate who would issue one based on a landlord trying to legally enter needs to be putting resumes out there because their legal career is drawing to a close. There is no legal basis or precedent that would allow for this.
Now, everything us different if the landlord has communicated threats or exhibited some other action that would necessitate a protective order. But peacefully attempting legal entry does not meet those requirements.
Added: using ex-partners as a basis for your theory is not similar in this case. In those instances there is usually a presumption or threat of domestic violence.
Okay, I got a few links from a Regional Property Manager today. Some include links others have so kindly listed (so I didn't relist them)... others are new. As another poster said, they're not all included in 1 block on 1 site, which is unfortunate. Still, these are useful & I'll buy the Nolo Press book to fill in the gaps & make it easier to have a reference on hand.
I'd like to see an actual example of this happening. Please link one. Otherwise, I'm hoisting the BS flag.
Restraining orders are not granted because you are inconvenienced. If a landlord gives notice of entry and a tenant prevents that entry, in every lease I've ever seen that is a breach/default and will subject the tenant to eviction.
ROs are for protection, and without any threat, you arent getting one on a landlord. It just doesnt work that way. Even pro-tenant judges and magistrates will look at the petitioner like they're an idiot. And a judge or magistrate who would issue one based on a landlord trying to legally enter needs to be putting resumes out there because their legal career is drawing to a close. There is no legal basis or precedent that would allow for this.
Now, everything us different if the landlord has communicated threats or exhibited some other action that would necessitate a protective order. But peacefully attempting legal entry does not meet those requirements.
Added: using ex-partners as a basis for your theory is not similar in this case. In those instances there is usually a presumption or threat of domestic violence.
You are clueless on how restraining orders work. An order for protection (OFP) is for ex-partners. A restraining order is filed on neighbors, filing on the cops, HOAs, etc. You do not need proof to apply for one, and even an email you do not like is enough of a threat. A temporary one nearly always gets granted, until the details can be worked out.
It has happened. I had a Section 8 tenant that was a nightmare. Drug dealer and prostitution. Felon BFs, extra pets, etc.
I have a 2-yd dumpster that I used on a commercial/mix property, and she did not want me coming around to use 'her' dumpster, even though I paid for it. I was putting construction debris in it every few days as I was rehabbing properties. It was in a parking lot that held ~8 cars. She told me to stay away and leave her alone. Looking back, she was paranoid about all her 'activities' getting found out. She was evicted 4 times in the next two years when she moved out.
I won at the hearing and received a dismissal, but had to stay away for a couple of weeks. The order was then expunged. It costs $7K for my attorney, mainly because I asked too many questions. She had a free attorney, and the tenant or the attorney did not even appear.
I worked with the Section 8 office and had her moved out ~6 weeks after she moved in. All it takes is a accusation, about anything. A judge issues the order, and figures it out at the hearing two weeks later. If you violate the order, it's a criminal violation. They bring you to jail. I stayed away and avoided all contact. I did not even return her phone calls. Many ex-husbands can attest to that.
That was my last Section 8 tenant, and my last low-income tenant. Terminated the rest of my section 8 leases as they came due. I made major changes to my processes and now leave the subpar renters to others.
Quote:
The restraining order may be obtained with little or no evidence, and is temporary in nature, initially. ...Since the RO is considered an emergency provision, and curtails certain freedoms without due process, a subsequent hearing is scheduled. https://www.quora.com/Is-filing-a-fa...-order-illegal
Last edited by FIREin2016; 02-09-2019 at 06:21 AM..
I'd like to see an actual example of this happening. Please link one. Otherwise, I'm hoisting the BS flag..........
I've heard of it, always while a tenant is fighting eviction. The landlord just applies to get it lifted. It's annoying and it costs a lawyer's fee, but it won't stick.
Conventional wisdom in the landlord community is that when a tenant has to be evicted to just stay the heck far away from them while the courts do their job and get them out. Don't do anything to escalate the situation and worry about damage after the judge orders them thrown out into the gutter. There is nothing to gain by checking in on them.
I've heard of it, always while a tenant is fighting eviction. The landlord just applies to get it lifted. It's annoying and it costs a lawyer's fee, but it won't stick.
Conventional wisdom in the landlord community is that when a tenant has to be evicted to just stay the heck far away from them while the courts do their job and get them out. Don't do anything to escalate the situation and worry about damage after the judge orders them thrown out into the gutter. There is nothing to gain by checking in on them.
100% correct. I am always amused about how some LLs want to force there way into a rental, just to inspect or whatever, even when the tenant doesn't want it.
You may have the right to enter, but it will never be good if you have an adverse situation.
I nave have an issue with better quality tenants. It's only the low quality ones that cause issues. Once I figured out a way to eliminate and avoid them, my profits soared.
It seems you need specific laws for a specific situation. If you are more specific, maybe someone here can help you with more specific advise.
Best of luck to you.
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Update: Some links
