Can a landlord get a restraining order on members ofa tenant’s family just to keep them off the property?

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Can a landlord get a restraining order on members ofa tenant’s family just to keep them off the property?

I live on a piece of property that my dad owns. He and my mother are divorced. I pay all the property taxes in lieu of rent. He doesn’t get along with my mother and gets mad when he smarts her off and she just walks away so he has decided to get a restraining order against her. He doesn’t even live near the piece of property where I live. Is there anything I can do since I am basically a tenant?

Asked on July 26, 2011 West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a written lease for the property you are occupying to determine the rights and duties of the landlord and yourself as to guests on the unit rented. If you are actually renting the unit by paying property taxes in lieu of rent and have a written agreement to that effect, it seems that your father will have a hard time getting a restraining order issued against your mother if you voice your objections at the hearing for the order.

Possession of the unit is in your name and your father does not live near the unit you occupy. There has to be a legitimate basis for the issuance of a restraining order such a preventing physical harm.

To help your mother, who I presume you allow to visit you at the rented unit from your father, you need to sign a declaration in favor of your mother's opposition to any restraining order and be prepared to attend the hearing seeking the order with your mother.

Good luck.


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