Landlord/housemate used a tro to evict (lease agreement, rental, deposit)

[c0705]

I doubt there is a problem with someone renting a bedroom out in their home. In Hawaii some areas have what is called an Ohana zoning, meaning you can add a small addition to the house and/or property if the lot is large enough. This property does not have an Ohana zoning and is zoned single family residence. LL applied for two building permits in the last couple of years improving the upstairs (equal size to the downstairs) making it a separate residence and adding a separate entrance. She rented it out to two individuals around the 3rd month into my daughters lease for the downstairs bedroom (the downstairs unit/residence was shared with the LL) We could not find permits showing a kitchen being added. There was a kitchen added. It is probably illegal and could cause LL problems if it is. That's something for down the road and we did not want to get into it at this time. Good question.

[sskkc]

TROs are such an unfair way to evict someone. But it is done all the time.

Have your daughter file an answer to the TRO and make sure she shows up for court and contest the TRO. Have her ask the judge for her belongings. If the judge refuses to hear that portion, then have her seek to file charges of unlawful eviction and theft against the landlord, as well as a civil case.

[c0705]

I haven't been back to this site for awhile. Thank you sskkc
(If you're reading this, please read pages one and two)
This is something I found and thought interesting:
"There can be unlawful evictions, If a landlord wrongfully interferes with or interrupts the tenants possession, use and enjoyment of the leased premises or a substantial portion there of the landlord breaches the covenant of quiet enjoyment which is implied in every lease unless expressly excluded. Unlawful Evictions can be of two types, Actual where the tenant is ousted from physical possession by the wrongful acts of the landlord and Constructive where the tenant is substantially deprived of beneficial use and enjoyment of the leased premises by the wrongful act of the landlord"
In my daughter's case the loss of the use of the kitchen facilities could meet the definition of Unlawful Constructive Eviction and the TRO (that was dismissed by the Judge at the court hearing) could meet the description of Unlawful Actual Eviction.
Unfortunately, even though the TRO was dismissed the damage is done. It was a malicious act by the landlord. We may never know the extent of damage done to my daughter and her future. Anyone who does a search on her may find that she was served with a TRO. Not sure an Attorney would take this case if there is no money to be had.

[robertjohnson]

Originally Posted by hothulamaui

there maybe more to the story than you know or are being told. I would be upset as a mother as well and feel for your daughter being out on the street with her two pets and no belongings. with that being said. in the lease your daughter signed does it say that the landlord has to give her a 30 day vacate notice? the tro does sound like an easy way to get rid of someone but I don't think tro are given for nothing. once asked to leave by a landlord it is of no concern to any landlord if their tennet can "afford" to move or not. no landlord ever "pays" for a move. it is true that a landlord does not have to give back a security deposit until after the tennet has left, they can also keep the security depo if they feel the house needed repairs or cleaning. was it not nice what the landlord did? yes most certainly but I doubt it was illegal. I hope your daughter manages to find a safe place for her to stay.

Tro's are given for nothing. Or anything, true or not it makes no difference. I bet $100 the lady learned this trick during a divorce. A wonderful tool for those with evil intentions. You better keep your court date. Research your "rights".
She could be selling your things in the front yard and if you come within 100 yards to jail you WILL go. This normally only happens to guys in a divorce. I wish you luck.

[c0705]

BEFORE you Post PLEASE read the previous posts (there are 4 pages) which explain the timeline of events. The in the previous posts it explains that: The Court hearing date has already passed. My daughter showed up at the hearing and made her statement. The Judge asked her a few questions and then asked the Landlord a few questions. He agreed with my daughter that the landlords intent was to circumvent the Hawaii Landlord/Tenant code and the case did not belong in his Court. He ruled the Landlords statements in the TRO had no merit to issue a TRO or an extended restraining order. He asked the Landlord, "What are you doing in my Court?" It was dismissed. The Judge said my daughter could go back to the house at anytime and issued an Order Dissolving the TRO (It is a document issued by the Court that my daughter could, should anyone, including the police, that she had the right to go back the property at anytime without notice to the Landlord or anyone else) My daughter moved out the next day because of the hostile environment. Her bedroom had been trashed by the Landlord. We did not talk to the Landlord while at the house packing except to ask for the security deposit and that she sign a paper saying the room was returned to her clean without damage (we took pictures) the landlord refused to sign the paper. Later sent a portion of the security deposit back after going though Mediation. (We believe the security deposit was refunded late (more than 2 weeks) using the rule of Unlawful Actual Eviction in preious post and the Landlord owes my daughter 3 times the amonunt of the security deposit per Hawaii Landlord Tenant Code)While we were packing her things the Landlord said my daughter could have come back at anytime during the TRO to pick-up her things....robertjohnson you are right she could not. If she had come within 200 yards of the house not 100 yards she would face a $1.000 fine and/or 1 year of jail time.

[Miles_]

Originally Posted by c0705

Help, need answers on how to fight this in Court! My daughter was just served with a Temporary Restraining Order (TRO) in Hawaii from her landlord/housemate. She has a signed lease for a year and always pays her rent on time. She is renting a room in a woman's house. The woman, her landlord/housemate told her a couple of months ago that she wanted her to find a another place to live and that she had someone else who wanted to rent the bedroom. My daughter told her, that she could not afford to move but if she (the landlord) would refund her security deposit and pay for the move she would look for another place to live. The landlord's response was; I don't have to refund your security deposit for two weeks after you leave. Five days ago 2 police officers came to the door and served my daughter with a TRO. She had to leave the property within 10 minutes with her 2 cats and one bag. Leaving all of her possessions and furniture. Effectively leaving her homeless. Court date is in 8 days. Per the TRO she cannot return to the house to get her things until after the Court date and judgement on the TRO. The landlord/housemate said in the TRO that she repeately experienced extreme psychological abuse, saying; my daughter made too much noise in the kitchen cooking late at night. I think she did a TRO because it was faster and more effective than trying to evict her. This woman is just evil.

The Rich Get Richer...

Quit worrying about Bread Crumbs, and start chasing the BREAD TRUCK.

[c0705]

Okay TDE I'm laughing. Nicely put, but....I don't think an Attorney will take this case to civil court and maybe get a judgement against LL when there is a very real possibility LL will file bankruptcy if faced with a judgement. Attorneys don't work for nothing...and I don't blame them for that.
But, maybe I'm wrong with this line of thinking...I'm not an Attorney and have no legal back ground...Am I missing the obvious....any ideas?

[kettlepot]

Go to Small Claims Court. No attorneys needed. No expense out of your pocket. And the recovery from the LL will come via the same avenue: A lien placed against the property that will have to be paid - someday.

[c0705]

Thanks kettlepot, she may go down that road.When I first posted I was surprised by some comments implying that maybe she wasn't telling me everything and that TROs are not just given out for no reason. I also got similar reactions from a few friends that I had talked to....they didn't say anything...they just got this look on their faces that said, Wow, what did your daughter do? To be honest if I wasn't aware of the facts and hadn't actually been there (and having no idea on how TRO were obtained and used) I would have wondered what was going on too. She is embarrassed and humiliated by what LL did to her and the negative reaction people have when they find out about the TRO. The only thing that I can do is help and support her with any judicial path she decides to take. Doing nothing is not a choice. The Court Hearing was a win for her but it was not enoungh. It's not just about getting the money back. It's more about not allowing someone to maliciously cause damage to you with out consequence. At this point in time LL thinks she has able to harass my daughter, kick her out on the street with nothing, manipulate the court system and get away with it.

[virgode]

I understand exactly how she feels about the malicious intent behind
the whole ordeal.
I've been in that position, not because of an LL but
another situation. Its like, how dare they, who the hell do they think they are??
I'd get an attorney for a civil suit in a heartbeat.