Can a tenant take out a restraining orderagainsta landlord?

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.


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