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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Default Can a Landlord Kick Me Out Without an Eviction by a Restraining Order

    My question involves an eviction in the state of: Tennessee

    OK Robert=My father & property manager, but not owner.He also lives on the property with us.

    - Robert told us he got an offer to live somewhere for free, and we had to be out by feb 1st

    - Few days later, He called me into the kitchen, said we were treating him like **** because we were cleaning up our own dishes and messes and not his (12 empty beer bottles on the kitchen table, and ciggerette ashes all over the table, floor,and trash can)
    I said something like, "Were not your maids, its not our responsibility to pickup your trash"
    Robert jumped up and grabbed me by the throat, and i instantly pushed him off of me. I then told him I would not talk to him like this, and walked into my bedroom and locked the door.
    Robert then followed me and tried to open the door, when he found it locked, he started pounding on it, so I opened the door, and told him to go away. He then repeatedly kept screaming "You need to get away from me" I replied with "im locked in my room and your harassing me" He then said "I mean out of my life" I said fine, and shut the door and locked it. (My wife and 4 week old daughter were right there through it)

    12-22-09 Robert packed all the pots, pans, and cups so that we could not cook (he threw ours out when we moved in and bought new ones, and said they are all his so hes taking them) He also took all dish towels ect.

    12-23-09 As we were getting into our car, he came home and said the police are comming to talk to us, and a videographer was there to video damage we had done to the house. The police officer told me he wanted to press assult charges (im guessing from when i pushed him off me when he grabbed my throat) But that it was obvious nothing took place but an argument.
    - Damages being
    A damaged shower (The whole things falling apart, we have pictures)
    Cat pooped in his sink, and he said we did it. ( we found the cat a new home the very next day)

    After the police left, My wife and I proceeded to meet her mother for dinner, when we returned home, Robert informed me the door locks have been changed and if we were not moved out by noon the next day (14 hours away) he would lock the door when we are gone, and the police would be callled to arrest us for tresspassing if we stayed.
    When we came home to the locks changed, and the 14 hour notice threat, I called the police myself, and officer came out and told me that they cannot throw us out or lock us out without an eviction proccess. Robert them told the officer he would not lock the doors. (but we also must now leave our house wide open to theft when we leave, and everything in the house basicly belongs to us. 2 laptops, 3tvs, dvds, video games ect..)

    12-24-09 Came home from family christmas party, every light in house was on, And the heat was set to 77 degrees and on the always running setting.

    12-25-09 Came home from family christmas party, every light in house was on, And the heat was set to 74 degrees and on the always running setting.

    12-26-09 Came home from walmart, Heat was on 73, All lights in house were on again. Around 10pm, Robert once again pounds on our bedroom door, and tells me that the owner is filing for a restraining order on us for the property, and if we are not out by Monday Dec 28th, we would be arrested for violating it.
    Once again I call the police to verify and stay out of trouble, the officer who came out told me that they cannot do that, even if they filed a restraining order, he would still have to go thru the eviction proccess before we would have to be gone, and if they locked the doors to call them and they would help us back in.

    12-27-09 When we woke up, Discovered Robert had turned the oven on 500 degrees and let it run all night long, All lights on his side of the house were still on from the previous night.
    1:02pm Robert called my Wifes grandmother badmouthing us randomly, telling them im punching kitchen cabinets when I havent even been in the kitchen in a week.


    To this day, we still have not recieved an eviction notice, but we keep getting threats saying, he is filing a restraining order or an order of protection and we have to move out immediately. He says if we are here tomorro (12/28/09) we will be arrested.

    We are not on the lease, but utilities are in our name, and we have been here for 5 months. We also have a 5 week old baby.

    What should we do for this situation? we cannot move untill february due to money and short notice, the only reason for eviction is the owner doesnt like me, and my dad and I got into a big argument a couple weeks ago and no longer talk, other than his threats.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    72,985

    Default Re: Can a Landlord Kick Me Out Without an Eviction by a Restraining Order

    The landlord would get a restraining order against you on what basis? For all of your wild digressions, I don't see that you've had any direct contact with the landlord, and your problem seems to be that your father no longer wants you to live with him.

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