If I file a restraining order against a tenant would she still be able to enter the property? 4 Answers as of April 27, 2011

I have a tenant who has been threatening me for the past two days and stated that she would continue to harass me for the duration of her lease. If i were to file a restraining order against her would she still be able to enter the property?

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Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
I'm not sure if you would be able to ban the tenant from the property without additional facts. The tenant obviously has rights to the property and a court would be very hesitant to prohibit them from exercising those rights.

A restraining order is an extraordinary remedy that can be issued in extreme circumstances. Based upon your facts, I'm not sure whether the tenants conduct arises to the level necessary to obtain such an order. Also, you do not indicate whether you live in the building. Many of these orders are tailored to suit the circumstances...ie - cannot be within 100 yards of the victim, etc.. That said, if at anytime you feel you are in physical danger you should not hesitate to call the police or consult with an attorney or court staff regarding seeking such an order. Good Luck.
Answer Applies to: Connecticut
Replied: 4/27/2011
Attorney Paul Lancia
Attorney Paul Lancia | Paul Lancia
No, but because of the landlord/tenant relationship, make sure you are on firm ground.
Answer Applies to: Massachusetts
Replied: 4/26/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
It sounds like you have a serious problem. I do not know whether it would be wise to do as you are suggesting.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit.

I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
Answer Applies to: New Jersey
Replied: 4/26/2011
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