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Hi I currently have a problem with a landlord, even my roommate is getting upset. Last Oct 2nd, the landlord came up to me as I was about to hand him the envelope of rent money. Instead of taking it, he was yelling at my face saying we need to start packing and move out today as my daughter is a witness. She told me part of his word I cannot hear (I'm Hard of Hearing) that he'd file a RO on all four of us. Me and my ex? We have done nothing to him or his property. He was even waving the Sheriff's card that he's gonna call and have my adult kids arrested which he hasn't done.
My roommate and my son were arrested Oct 1 but it does not occur on this property, it occurred OUTSIDE and away from this property. He thinks he owns the whole block. So my roommate came home after both dropped the charges on each other. He asked me what happened. I explained the situation of his landlord.
Today, he came up and served my son a TRO which he is breaking a rule. He was suppose to have someone hand-deliver to us or have the sheriffs give us the TRO. Then he would he put those TRO in the door and left.
It doesn't look like a legit TRO paper from court as he doesn't included 5 missing papers to it. The form also included my roommate's name which he DOES NOT order TRO on us as we're good friends, he doesn't understand why the landlord would add his name on the TRO paper. And landlord put his (landlord's) name in as "protected" like we're gonna do something to him which we wouldn't do something like this. My ex, my adult kids, and I wouldn't attack him or his property. My roommate said the landlord even misspelled his first name. Landlord also use his address and not the lawyer's address on the form even tho it has a name of firm.
Question is HOW does he know my son's full names. We never mention our son's name to him. My roommate thinks his brother in nursing home probably told the landlord my son's full names. What do we tell the superior court where it was filed in or supposedly file in?
BTW, my roommate lives here for 11 yrs and my ex and I live with him for 2 yrs now.
Can you clarify; Are you saying he served you with a "Temporary Restraining Order" or was it a "Notice to Quit" or similar landlord -tenant notice? A TRO normally isn't issued to a landlord for something a tenant did somewhere else that did not actually involve the landlord. Was the landlord, or landlord's family involved in whatever happened?
You need to seek some form of competent legal advice as if it's a real TRO, you don;t want to make it worst. If it turns out to be an empty "fill-in-the-blank" form bluff, you want an attorney to protect your rights.
You should consult a local attorney....take your original lease with when you do.
It may have something about criminal behavior being grounds for eviction. It doesn't matter if your son was arrested in the home, he obviously was arrested for something.
And, OP....you don't say whether you are actually listed, or your adult children are listed on the lease. All of which could be grounds for eviction.
You sure know a lot about a restraining order. I wouldn't know what one looked like, let alone who is supposed to serve one.
If there was some crime committed by someone in your group, your entire group can be evicted and the crime doesn't have to be on the residential property . With a restraining order involved, I suspect that the crime involved violence or threat against the landlord.
Your story doesn't make any sense to me, so all I can suggest is to take all your documents to a lawyer and have the lawyer explain it all to you.
Myself, I'd probably evict you just for exess of drama, so don't be surprised if you are out, either now or at the end of your lease.
I can't even imagine under what circumstances a landlord would have to file a restraining order against his tenants. If the tenants are that much of a problem, you evict for whatever lease clauses they are violating. So I have no idea why they would go to all the trouble of getting a restraining order if no one in your household had even contacted them, let alone threatened them.
My question, from reading this post is whether you have additional people living in the property besides those named in the lease? Sounds to me like your adult kids live there, too. So maybe it wasn't a restraining order, maybe it was a notice to move out the additional people (an order restricting those extra people from coming on the property might conceivably be some sort of restraining order). If arrests are taking place because of conflicts between your roommate and your family members, even if it didn't happen on the property, I'd want the extra people out too.
Sounds to me like he's trying to evict you, but doesn't know how to go about doing it. Sounds like he has reason to want you gone - criminal activity.
So, you can fight this, and wind up with your name in housing court, and have trouble ever renting again, or you can just move out before your name winds up in housing court (which would be a very smart move).
TROs in my area are Del by the police. You cant get one on a Minor. How old is your son?
Yes, minors can have restraining orders taken out on them, I had students who had them. It was quite a challenge for the school if both were students and they couldn't transfer one of them. It was even worse when one was taken out by a school employee.
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Yes, minors can have restraining orders taken out on them, I had students who had them. It was quite a challenge for the school if both were students and they couldn't transfer one of them. It was even worse when one was taken out by a school employee.
Maybe different or new law. I DO know that when a 16 yr old kid got into trouble with the law my LL couldn't Block him from the property since his parents lived here. She had to Evict the Whole Family. So TRO was useless. That was 2 years ago & I am in WV.... Maybe college is different but then how many minors go to college? My gf son was 17 when grad HS...parents wouldn't let him go to college till he was 18... A+ student at that. On the other hand my bro was 16 when grad HS my Aunt whom he lived with was glad to get ride of him to college!
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