How can I get my husband evicted or restrained from the house I rent based on the grounds that he uses illegal drugs and refuses to work?

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How can I get my husband evicted or restrained from the house I rent based on the grounds that he uses illegal drugs and refuses to work?

There is no lease agreement. My landlord is aware of all the details and he supports my decision, but he doesn’t want to get very involved. He wants me to get a restraining order on him, stating that he can no longer come on to the property. My husband refuses to quit smoking marijuana and he does not look for work. However, I don’t want to keep our son and our unborn child away from my spouse.

Asked on February 25, 2012 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your landlord is correct in not wanting to get involved in a domestic situation in that it not his or her place to do so so long as you and your husband have not breached the presumed written lease for the rental that you are writing about.

I suggest that you consult with a family law attorney about the situation that you are writing about if your marriage is not good and the legal and factual basis for a possible restraining order against your husband.


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