QUESTION
I move to my friend and paid for the rent, but she change her mind and wants me to move out, she got a restraining order towards me? What can I do?
Asked on Dec 19th, 2016 on Landlord and Tenant Law - California
More details to this question:
I moved on November 4 with a friend and have paid rent and food. Today she told me she changed her mind about renting the other room out and had a temporary restraining order towards me. Now she knows í get a fixed income and couldn't move out until the January 3. I don’t have anywhere to go. What can I do? Can the police come serve me on Wednesday and make me leave? Can I let the police know I paid rent this month?
1 ANSWER
To get a restraining order, she has to show you are a physical threat to her. Ask to see the order and find out when the next court date is. Point out to her anything in the allegations she made that is not true and that the judge will be very upset if she lied. If you have paid your part of the rent, contact the sheriff's Office and see what they intend to do, pointing out you paid the rent on X date. To evict you, she has to give you notice, go to court, and get a judgment; she apparently is trying to get around this by getting the court to say you must remain Y distance away from her. So you need to try to get the restraining order reversed.
Answered on Feb 16th, 2017 at 5:42 AM