My ex moved put but is still on lease, what are my rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My ex moved put but is still on lease, what are my rights?
She moved out promising to pay her portion but now refuses to. She hasn’t lived there for 3 months and has caused about $1000 in damages to my motorcycle. She enters randomly to break or steal my things. Is there anything I can do to protect myself and my property? She refuses to take her name off of the lease. And from the research I have done it is unlawful to change my locks with her still on the lease. Is a restraining order the only form of legal recourse? What can I do?
Asked on July 16, 2012 under Real Estate Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 12 years ago | Contributor
I would negotiate with the landlord and get out of the lease. They would probably just assume have you leave so they don't have to deal with any of this.
Everytime she damages or steals anything you should call the police. I am guessing that eventually she would be prosecuted but that she would get tired of police contact.
You could apply for a restraining order, but from the facts you gave me--this most likely wouldn't qualify for a restraining order.
If she has failed to pay her portion of the rent--you could sue her in court for breach of contract and request declaratory relief. As part of the declaratory relief--the judge could declare that she has abandoned her interest in the lease. Breach of contract and abandonment is really the only way to get her "off the lease" legally.
Best of luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.