Can I get a restraining order against my landlord?

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Can I get a restraining order against my landlord?

I have lived in this house for 1 1/2 years. However, my landlord has never taken care of the property. The first 6 months were fine but then my tub stopped draining. I informed her and she did nothing (even with my weekly nagging). Then 3 months ago the water bill (which she pays) has gone up and she’s been blaming me even though I had her handy man out twice to check on things. Now she also seems to be “stalking” me. I say this because every time I have a house guest she tells me who is here and wants to know why. She called my father-in-law and tells lies about me and when I call her, she calls me names and hangs up.

Asked on March 2, 2011 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can get a restraining order against any person who is harassing or threatening you, and a landlord is no exception, as long as the facts warrant it. Of course, having a restraining order against your landlord may, as a practical matter, make it impossible to live there; for example, the restaining order may prevent her from doing maintenance, or may require additional costs (she has to hire other people to do what she could have done herself) which she may be able to pass on to you; or possibly she could force you to leave the hourse periodically so she can enter it to inspect and do maintenance, etc. You should speak with an attorney about this; it may be that a better option would be to see if you can use landlord's behavivor as grounds to legally terminate the lease, then leave and move into a better situation.


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