Legal Question in Real Estate Law in California
Tenant's Ex comes onto my property
I own a home in California. My finace's sister and neice are living with us.
The sister's ex. has come to the house unannounced twice and entered the house without our permission. He has also parked across the driveway and conducted loud tirades on the sidewalk outside the residence.
His excuse is, of course, that he is visiting his daughter. I will not allow his unannounced appearances at the property, even for visitation, although the daughter may be exchanged as long as he stays off the property and parks legally.
I am sending him a letter outlining his behavior and demanding that he conduct himself in a more appropriate manner.
I want to keep him off my property as he has a history of abusive and disturbing conduct. I believe I am within my rights to bar him from my home. Would that be correct?
If he keeps coming onto my property (which I would consider trespassing) or otherwise causing problems, are there remedies besides calling the police? Would an order of protection or restraining order be appropriate?
3 Answers from Attorneys
Re: Tenant's Ex comes onto my property
You are certainly within your rights under Califronia law to seek a restraining order. We can discuss other options as well. If you would like to discuss feel free to call me or email me. Thanks, John
Re: Tenant's Ex comes onto my property
The sister should obtain a domestic violence restraining order against her ex. She could call the police next time he comes over and goes on a triade. The police should come and remove him. If she tells the police that she is afraid of him the police should be able to get a temporary restraining order. This order is for only a short period of time but will allow her time to obtain a restraining order for a longer period of time. If she will not cooperate in getting a restraining order, she should move. Also you may want to get a civil restraining order against him.
Re: Tenant's Ex comes onto my property
For you own sake, I would ask your fiance's sister to find a new place to live. In the meantime, you are perfectly within your rights to proceed as you outlined. If he won't comply and causes problems, you can seek a harassment restraining order against the ex.
You need to make sure that the fiance's sister will comply with your wishes. Technically, she would be within her rights to have him on the property as guest and that could defeat a criminal prosecution. Proceed cautiously and get her to comply with your conditions.
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