Yreka, CA asked in Domestic Violence and Landlord - Tenant for California

Q: What paperwork is need to stop a landlord from removing or selling property of a restrained person prior to court date

Does the landlord have the right to rent the room of a restrained person prior to the restraining order court date

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if a person is subject to a restraining order and is unable to access their rented property, certain legal protections apply. The landlord generally does not have the right to remove or sell the tenant's belongings before the court date. To prevent this, you may need to file an emergency motion with the court, seeking a temporary order to protect the tenant's property. This motion should clearly state the circumstances and request the court's intervention to prevent the landlord from disposing of the property.

Regarding the right of a landlord to rent out the room of a restrained person prior to the court date, it typically depends on the terms of the lease and the specific circumstances of the restraining order. If the lease is still valid and the tenant has not violated its terms, the landlord may not have the right to re-rent the room. However, if the tenant is unable to fulfill their obligations under the lease due to the restraining order, the landlord might have grounds to re-rent the space. It's advisable to review the lease agreement and consult with an attorney to understand the specific legal options and obligations in this scenario.

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