Restraining Order Against Tenant

[bokaba]

What is the name of your state (only U.S. law)? California.

Is it possible to get a restraining order against a current tenant? I operate an owner-occupied apartment with 4 units including the one I live in. A new tenant has threatened to kill me and is displaying bizarre behavior. He is awake yelling at imaginary people non-stop for 3-4 days at a time, he twitches, bangs his head against walls, attempts to start fires, cannot care for his basic needs, etc. I believe that he is a danger to me and the other tenants. I have begun the eviction process, but was wondering if I can get a restraining order barring him from coming near the property to get him out as soon as possible. I understand there may be nothing I can do since the court would need to restrain him from occupying his own rental unit. I am also planning on trying to get a 5150 mental evaluation hold on this tenant. This tenant is surprisingly an attorney though I do not think he actively practices law.

 

[OHRoadwarrior]

You can certainly try, however there will be a burden of proof needed to establish the need.

 

[justalayman]

Attempts to start fires? Where?

 

[CdwJava]

What is the name of your state (only U.S. law)? California.

Is it possible to get a restraining order against a current tenant? I operate an owner-occupied apartment with 4 units including the one I live in. A new tenant has threatened to kill me and is displaying bizarre behavior. He is awake yelling at imaginary people non-stop for 3-4 days at a time, he twitches, bangs his head against walls, attempts to start fires, cannot care for his basic needs, etc. I believe that he is a danger to me and the other tenants. I have begun the eviction process, but was wondering if I can get a restraining order barring him from coming near the property to get him out as soon as possible. I understand there may be nothing I can do since the court would need to restrain him from occupying his own rental unit. I am also planning on trying to get a 5150 mental evaluation hold on this tenant. This tenant is surprisingly an attorney though I do not think he actively practices law.

When he causes a disturbance or makes threats, call the police. The police can evaluate for 5150 or for any crime that might have been committed. If threats have been made, or actions have been taken that place you at risk, you can certainly apply for a restraining order. However, given that this is a tenant, any order may not result in his removal from the residence. You might want to continue to pursue the eviction process.

 

[bokaba]

Thank you for your help. I am going to proceed with the eviction process and call the police if the tenant gets too out of control. The police have already come out for a 5150 evaluation, but would not take the tenant into custody because he is able to snap out of a psychotic episode at will. He also disabled the building's security cameras this morning. I am planning to serve him with a restraining order while he moving out so that he cannot come near the property after moves out (or the sheriff removes him after he is evicted).

 

[CdwJava]

Thank you for your help. I am going to proceed with the eviction process and call the police if the tenant gets too out of control. The police have already come out for a 5150 evaluation, but would not take the tenant into custody because he is able to snap out of a psychotic episode at will.

Then he likely does not fit the requirements for an involuntary detention per W&I 5150. Someone who can "snap out of it" would seem to be someone with some emotional problems, or a gamer, not a clinically disturbed person.

He also disabled the building's security cameras this morning. I am planning to serve him with a restraining order while he moving out so that he cannot come near the property after moves out (or the sheriff removes him after he is evicted).

If he vandalized the property, you can report that to the police. That would likely strengthen any CHO application you might make.

 

[bokaba]

He has agreed to move out by Monday. Five police officers came by today to breakup a rampage where he was throwing tables through windows, screaming, throwing beer bottles at people, and trashing the property with a club he made. The gave him a citation for vandalism and public disturbance. This tenant is an attorney by the way

 

[LdiJ]

He has agreed to move out by Monday. Five police officers came by today to breakup a rampage where he was throwing tables through windows, screaming, throwing beer bottles at people, and trashing the property with a club he made. The gave him a citation for vandalism and public disturbance. This tenant is an attorney by the way

They gave him a citation rather than arresting him?

 

[CdwJava]

They gave him a citation rather than arresting him?

Yeah ... these are misdemeanors. While an arrest would have been preferable as it would have separated the suspect from the location for a couple of hours, ultimately, he would almost certainly be cited out. If not by the responding agency, then by the jail staff.

Though ... if he was in his own home, I don't see how they could possibly make a case for disturbing the peace.

 

[bokaba]

Most of the action took place on the balcony in the front of the house and he was throwing bottles at people outside. I will probably also report him to the state bar after he moves since it is unethical for him to practice law in this condition.

 

[Zigner]

I will probably also report him to the state bar after he moves since it is unethical for him to practice law in this condition.

You have no idea of what his "condition" is when he practices law. A malicious report to the Bar for the sole purpose of retribution is not wise.