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RE Restraining Order

Discussion in 'Other Legal Issues' started by CNRA, Feb 12, 2018.

  1. CNRA

    CNRA Law Topic Starter New Member

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    Jurisdiction:
    Massachusetts
    If I am the owner of my condo and there are three to four students renting an apartment above me that have started harassing others in the building including myself. If I as an owner take out a restraining order against tenants for my safety does this mean that as they are tenants they would have to be evicted by their landlord?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    No.

    But you are getting ahead of yourself.

    What, exactly, are these students doing to YOU that you find so disturbing?
     
  3. CNRA

    CNRA Law Topic Starter New Member

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    Hello
    These tenants moved in and first weekend had a party with close to 80 people. Police called, landlord came all students removed. At this point they were spoken to and informed that if it happened again they would be fined. We have fining system in our buildings due to students. They ok for couple weeks then started again. Please keep in mind in our building there are 7 units all except the one mentioned have owners or tenants that work these are the only students.
    They proceeded to turn their living room into a night club with purple, blue and red lights. The entire building was shaking my wall got cracked. Police called mind you they did this three days in row over a weekend.
    On Monday when Management Company back in we assessed them with close to two thousand in fines, called school.
    Police came and spoke to them explained what would happen if this continued as did the school.
    Two days later they verbally threatened a tenant on the top floor telling them they could do as they wanted better stay out of it to they would regret it.
    Next night they stood on the ground floor at 2amish screaming at the top of their lungs that we were all a holes and we were all going to regret it.
    We have reported again but this continues fines and police seem to do nothing.
    We were hoping a restraint order might help to evict them.
    Sleep is impossible no body can enjoy their home and today one tenant asked their landlord if they could break their lease and move out as soon as they find another place.
    Nobody should be forced out of their homes or verbally harassed.
    Don’t know what options we have left
     
  4. adjusterjack

    adjusterjack Super Moderator

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  5. CNRA

    CNRA Law Topic Starter New Member

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    Thanks appreciate it not sure there is anything else we can do
     
  6. mightymoose

    mightymoose Well-Known Member

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    I doubt you'd have much success obtaining a restraining order based on that information.
    Police have limited options in these scenarios and tend to push the responsibility to the landlord.
    Your best course of action is likely through the landlord to encourage an eviction.
     
  7. zddoodah

    zddoodah Well-Known Member

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    No.

    No. A restraining order, depending on its terms, might require that they stay away, but that won't effect an eviction. I also share "mightymoose's" skepticism about your ability to get a restraining order.

    When you spoke with the landlord about the situation, what response did you get?

    Push comes to shove, you could speak with a local attorney about filing a nuisance lawsuit.
     

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