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Updated about 8 years ago,
Can a landlord file for a temp restraining order to evict ?
Can a landlord file for a TRO as a means to bypass the common legal eviction procedure ?
I live in a rented townhouse with two roommates, one of who'm invited me to move down here from PA in July. She was already renting the Townhouse from the owner who was moving to NC and leaving her here as the only tenant. We then advertised and took in a third individual to help with our rent. I have had a terrible few months down here as a result of major transportation issues which have prevented me from continuing with steady work, it is available to me but sadly my jeep has gremlins and I have spent too much time and money trying to keep it running. I have fallen behind with rent and now the landlord has told myself and the third roommate he wants us to leave the house. He did this over the phone on Sunday, saying we must vacate the property by the weekend. I informed him of the proper procedure ie eviction through the court which he did not want to do. He called back ten minutes later saying he would file a temporary restraining order to get myself and the other roommate out of the house. It seems as though this is an often used cheap tactic some landlords use instead of filing for eviction. Essentially leaving you instantly homeless without your belongings until your hearing.
The original roommate has caused much disruption here, between her alcoholism and related violent outbursts, to her drug use and threats, including calling the local police multiple times for a variety ridiculous things, all of which is documented, and more than once was told by the police she was becoming a habitual caller and a nuisance, then threatened with arrest. She has assault charges filed against her by the other roommate and failed to go to her court hearing on the 17th of this month, yet she has been able to conspire with our landlord presumably through dishonesty to have myself and the third roommate removed so she is the only tenant. There have been no complaints against myself from either the first roommate or the landlord, officially or otherwise which would give any merit to a restraining order of any kind. The only thing I am at fault for is failing to keep up with my rent. Against my wishes as this is not the situation I had hoped to be in here. As a matter of fact I am the only person in the house with a job, and a vehicle. The others get by on welfare and food stamps while being fully capable of working. Unfortunately because of my transportation situation, and the fact I moved an hour away from everyone and everything I know, i'm relatively isolated and unable to find another place in the short time the landlord threatened me with. However leaving this house is my ultimate goal and I will as soon as possible. In the mean time I have two dogs and one room full of my belongings here and can not suddenly be homeless. I have absolutely no problem paying him everything I owe him, i'm a man of my word and will catch up as long as i'm able to get to work. It was my intention already.