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  1. #1
    Join Date
    Sep 2016
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    Default Unlawful Eviction Through the Abuse of a Restraining Order

    A California tenant was in residence for eight years, paying rent monthly. The landlord went to court and got a temporary restraining order, causing the tenant to have to move out of the rental property. The landlord didn't appear in court for the hearing on the restraining order, and it was dismissed. Can the tenant sue for a wrongful eviction?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Unlawful Eviction Through the Abuse of a Restraining Order

    As evictions must be court ordered, if the landlord in fact abused the restraining order to effect an eviction instead of going through the proper process, the tenant appears to have a viable lawsuit for unlawful detainer, and possibly also for abuse of process.

    However, if this is a situation in which the landlord will be able to substantiate the basis of the restraining order if sued, and the landlord simply chose not to appear in court because the tenant was already out of the property, then it's questionable whether the tenant would succeed. For example, if the person was renting a room in the landlord's home and there were incidents of threats or violence, the landlord may not have acted improperly.

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