Can a tenant take out a restraining orderagainsta landlord?

UPDATED: Jul 18, 2010

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Can a tenant take out a restraining orderagainsta landlord?

I have a restraining order on me, the landlord. I believe it is a stall tactic to get me not to serve them eviction notices.

Asked on July 18, 2010 under Real Estate Law, Colorado


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you the landlord do not live at the location and you have had a temporary restraining order placed on you, it makes no difference who the petitioning party is to the matter.  The court found sufficient evidence to have a restraining order placed on you.  Now, if you wish to serve eviction notices, understand you cannot retaliate and evict tenants if they have not violated the lease and it is simply in retaliation for having a restraining order placed on you.  You can have a process server serve the eviction notice and consider speaking to an attorney about whether your tenants lied in court and abused the court system to get a restraining order.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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