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INJUNCTIONS TO REMOVE OCCUPANTS

While not a substitute to an eviction case, depending on the situation, an injunction claim could cause the removal of an occupant of the real estate. An injunction is a court claim that seeks a court order compelling someone to do something, such as move out of a property. If the court order is not complied with, then the person could be held in contempt of court which can result in monetary sanctions and even arrest. We have used injunctions, for example, to remove tenants of a unit owner where the tenant was not authorized or approved by the community association. That is, a condominium association or homeowners association can seek an injunction to cause the removal of a tenant or other occupant at the property in the community who is not approved or causing significant problems.

This is different than domestic violence or repeat violence injunctions. Those protections against violence injunctions are specific legal procedures that prevent someone from threat of imminent injury from another person.

Domestic Violence Injunctions are used when there are family relations between the victim and the assailant. When there is not such a personal family relationship, a claim to prevent repeat violence can still be used to remove a friend or roommate from the property. These legal protections do not only apply in rental property arrangements, but in any situation where there is a history of violence.

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