How can we fight a TRO being used to accomplish a retaliatory eviction?
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How can we fight a TRO being used to accomplish a retaliatory eviction?
Dad wants to by-pass the normal eviction process by obtaining a TRO.We have a lease. Our rent is up to date. Dad has been meddling in our affairs and threatening us for months. Now the TRO and we’re kicked out in the cold with no warning. What statute(s) do we seek restitution under?
Asked on November 20, 2010 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
A TRO is what it says: a TEMPORARY restraining order. Was it issued in family Court given your relationship with the "landlord"? When the facts warrant that it is issued, it generally requires that a hearing be held on the facts and merits of the matter to see if it can stay in place. I would strongly suggest that you seek legal help in your area on this matter. Your argument that it is a retaliatory action to avoid the eviction process may have merit and may be enough - if it can be proven - to have the TRO lifted. But more facts are needed to evaluate the matter here. Good luck.
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