Eviction ugly with unwarranted restraining order

I just wanted to alert you regarding the amazing ease of obtaining a restraining order against someone.

I am a landlord, and on Jan. 22, I had the sheriff issue a tenant/roommate a “notice to quit” by the end of the month. The tenant, in retaliation the very next day, requested from the courts that I be slapped with a restraining order and be ordered to stay 100 yards away from her. I guess, lucky for me, the judge did not grant her the 100 yards, which would have gotten me out of my own house.

This is absolutely outrageous because the document says the court finds that I “constitute a credible threat, that an imminent danger exists to the life and health of the protected persons named in this action.”

So even if the judge believed the stuff my tenant wrote in her request, why in the world would I be allowed to stay at the house? Now I have to wait two weeks for my hearing to present my side of the story and bring my witnesses.

I’ve even been advised by my lawyer to leave the house, even though I don’t have to because who knows what the tenant might claim next?

How does any landlord in Durango evict a tenant when all the tenant has to do is claim harassment and the judge will slap a restraining order on the landlord? Something is very wrong here!

Shane Guenther


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