ANSWERS: 4
  • You no longer have a lease. If he has a restraining order and it is a permanant one, you are completely evicted from the premisis. Your name should be removed from the lease and you should not have to pay a dime as long as you were not ordered to pay for rent in the restraining order court document.
  • The fact that you have a restraining order against you is not the landlord's fault; you still have a binding contract with him and are responsible for the payment whether or not you reside on the premises. From http://www.levlaw.net/blog/index.php?itemid=21: In this case, the lease was joint, meaning both persons are responsible for the payment of rent. This responsibility is usually "joint and several," which means that should the girlfriend fail to pay rent, the landlord can technically come after the boyfriend to collect it despite the fact that the boyfriend no longer lives there and, further, cannot live there because of the 209A Order. The way to handle the situation is to talk to the landlord. Some might be more understanding than others and agree to remove the boyfriend's name from the lease without a penalty or a buy-out. Others will not cooperate, especially if the credit application was approved based largely on the boyfriend's income. This situation is tough, and there are no black and white answers here.
  • When a restraining order is issued, there is normally so many feet you come from the person. My restraining order that I had against my ex, was set at 500ft. Is the apt. managers office away from your apt? If so, I don't think it would be a problem going in the office and getting your name off the lease. When I left my ex without him knowing, I went straight to the manager's office and told them I wanted my name off the lease. They then gave me a paper to sign, and I let them know it was for safety reasons that I was leaving. He never knew my whereabouts for at lease for at least 3 and half months. Also, because I was listed as the head of the application I can recieve the deposit after he moves out but I will never worry about it. He can have it. It's been over a year since I've had to see him or talk in front of the judge with him. I have been divorced with since 2001. Hope this helps a little. You could also call the managers and get information.
  • Contact a lawyer. He has forced you out of your home. You need to get the courts to get your belongings. Have a police officer excort you to get your things do not do this by yourself.

Copyright 2023, Wired Ivy, LLC

Answerbag | Terms of Service | Privacy Policy