Rule 65 of the Federal Rules of Civil Procedure allows a Landlord to seek a court order to prevent a Tenant from performing an act that will cause immediate and irreparable harm to constitutional rights
1. Emergency Tools: TRO vs. Preliminary Injunction
There are two primary ways to seek immediate relief under Rule 65
- Temporary Restraining Order (TRO): A short-term order (often 14 days) issued in urgent situations to stop an action immediately, sometimes without the other side being present (Ex Parte).
- Preliminary Injunction: A longer-term order that remains in effect while the lawsuit is being decided, requiring a full hearing with both parties.
2. The Logistical Four-Part Test
You must demonstrate all of the following in your motion
- Likelihood of Success: You are likely to win the case on the merits (the “Audit” shows a clear breach).
- Irreparable Harm: You will suffer harm that money cannot fix (constitutional violations are almost always considered irreparable).
- Balance of Equities: The harm to the Landlord if the order is not granted outweighs the harm to the Tenant if it is granted.
- Public Interest: Granting the injunction serves the public interest (enforcing the Constitution always serves the public).
3. Filing Logistics
When filing for a TRO, you must provide these specific items to the Clerk of the Court
- Motion for TRO: The formal request for the order.
- Verified Complaint: A lawsuit where you swear the facts are true under penalty of perjury.
- Brief in Support: A written argument explaining how you meet the Four-Part Test.
- Proposed Order: A document you write for the Judge to sign if they agree with you.
Notice: This page is a diagnostic blueprint for Injunctive Relief and does not constitute formal legal advice. It is a tool for Landlords to stop unconstitutional actions before they cause irreparable damage to the Republic