TOPIC: Has anyone had experience filing civil restraining orders against unauthorized occupants at their property?

Has anyone had experience filing civil restraining orders against unauthorized occupants at their property? 1 month 4 days ago #51293

Has anyone had experience filing civil restraining orders against unauthorized occupants at their property? Previously had to remove individual from household as a resident due to repeated offenses, however every few years family keeps inviting individual back. There have been multiple calls to the police and the police refuses to remove or incarcerate individual although we have received reports of individual holding weapons. Family can't even get restraining order. So the suggestion is that the property does. So how would you go about doing this? If anyone ever has 

Edit: For clarification, I am in San Jose, California. We are still under moratorium, it’s also a project based Section 8 property.

In the past the only slam dunk evictions in our city were for non-payment. With the current moratorium landlords can’t evict until after certain criteria is met. Like as long as a percentage is paid by the end of the moratorium they can owe the rest and have about a year to pay it off.

Has anyone had experience filing civil restraining orders against unauthorized occupants at their property? 1 month 4 days ago #51294

We call the police and put the person on a no trespassing notice. If we see them on the property after that they are arrested
  • Stacey Pichette
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Has anyone had experience filing civil restraining orders against unauthorized occupants at their property? 1 month 4 days ago #51295

Police isn't even taking him and they are not coming. I am in SJ, it is very difficult to get them to come, typically we will have one officer and several community officers. But they have told several people they are not coming for that reason.

Has anyone had experience filing civil restraining orders against unauthorized occupants at their property? 1 month 4 days ago #51296

 If the police are too lazy to file reports and protect the community that’s a very serious issue. In that case I would give the residents notice to vacate. Cite the lease - our lease states that residents are responsible for anyone they bring on the property and management reserves the right to remove individuals that we deem unfit to be there. It also states that carrying and displaying weapons is prohibited. In NC, it’s a 10 day notice for these types of issues and if they refuse to leave we file for eviction. These types of evictions were still happening throughout the pandemic
  • Stacey Pichette
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Has anyone had experience filing civil restraining orders against unauthorized occupants at their property? 1 month 4 days ago #51297

Remove the family and the problem goes away.
  • Miles Scruggs
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Has anyone had experience filing civil restraining orders against unauthorized occupants at their property? 1 month 4 days ago #51298

I have been in this property about 14 years and for over 20 years there have been no evictions. We are also in SJ and the only reason you could easily evict anyone is for non-payment of rent and we have a moratorium at this time. The police will not remove individual because of moratorium.

Has anyone had experience filing civil restraining orders against unauthorized occupants at their property? 1 month 4 days ago #51299

As long as the family invites him over her is considered a guest - if they haven't paid rent do a eviction- next option a non renewal
  • Linda Thompson Warburton
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Has anyone had experience filing civil restraining orders against unauthorized occupants at their property? 1 month 4 days ago #51300

File eviction against “all unauthorized occupants” I’ve had to do that many times. Easy to prove that the leaseholder isn’t occupying the apartment
  • Stacey Pichette
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Has anyone had experience filing civil restraining orders against unauthorized occupants at their property? 1 month 4 days ago #51301

Trespass, restraining order, Hex's.
  • Kathy Woodard
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Has anyone had experience filing civil restraining orders against unauthorized occupants at their property? 1 month 4 days ago #51302

Evict the resident. That solves your problem.
  • Vicki Hurley
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