Restraining order's effect on removing someone from a rental home

LIST Code

FA-07-12-01-00

Title

Restraining order's effect on removing someone from a rental home

Definition

Legal issues related to how a restraining or protective order affects who can live in or be removed from a rental home, including situations where the restrained person is not listed on the lease. This issue covers situations where a court issues a restraining order that requires one person to stay away from another person or residence, and questions arise about who has the right to remain in the rental home. It includes understanding whether the order grants exclusive possession of the home, how it applies to tenants versus non-tenant occupants, and how landlords must respond when a restraining order affects occupancy. It also includes legal questions about enforcing the restraining order in a housing context, such as changing locks, removing belongings, notifying the landlord, or preventing the restrained person from returning. Issues may arise when the restrained person claims housing rights despite not being on the lease, or when the leaseholder fears eviction or retaliation for seeking protection. Laws and procedures vary by jurisdiction and often include special tenant protections for survivors of domestic violence or abuse. Includes: - Effect of restraining or protective orders on rental occupancy - Removing a restrained person from a rental unit - Exclusive possession of a rental home granted by court order - Situations where the restrained person is not on the lease - Tenant and landlord obligations after a restraining order is issued

Location in LIST