What to do if my ex-girlfriend and I signed a 2 year lease but then she filed a protective order on me and moved in her sister, her husband and her boyfriend?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my ex-girlfriend and I signed a 2 year lease but then she filed a protective order on me and moved in her sister, her husband and her boyfriend?

I call the landlord and ask to be taken off the lease but she refused. I don’t want to be responsible for any damages. What can I do?

Asked on December 1, 2012 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The landlord does not have to allow you off the lease. The lease is a contract between you and the landlord; the landlord's rights under it, such as the landlord's right to hold  you to the lease and receive rent from you, is not affected by your domestic relations or any protective orders filed against you.

However, your ex-girlfriend cannot exclude you from property you are renting, and she cannot necessarily move other people into your space without your approval. You have rights to have access to space you are leasing. It may not be easy or straightforward to enforce or vindicate your rights, given the protective order, but do not assume that you have no rights and that she has the right to do whatever she likes.

This is a complicated situation, and you should speak with an attorney about how best to protect yourself. It will likely involve taking legal action against your ex-girlfriend, not the landlord, because, as stated, the landlord is under no obligation to allow this situation to affect her rights under the lease. (Also: the landlord could not remove you from the lease unless your ex-girlfiend agreed--all parties to a contract or lease must agree to changes to it.)


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption