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Can my landlord evict me? Order of protection with husband..

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  • Can my landlord evict me? Order of protection with husband..

    Last month my husband and I got into an argument and he called the police. Long story short, they arrested him for threatening me.

    I asked my landlord to take his name off the lease so he couldn't come back home, and she gave me a new apartment with a new lease. But in order to do that, I had to get an order of protection against him.

    The order is no longer in effect, however while it was, he came over to help me clean the old apartment because I needed help. She saw that he was there on the security cameras and threatened to call the police.

    We are going to marriage counseling, and we are trying to save our marriage. I want him to come back home, but I highly doubt she would let him back on the lease.

    Can he at least come over and visit without her having grounds to evict me? The order is no longer in effect, and I really don't want any trouble. But it's really hard for us to work on our marriage without being able to see each other.

  • #2
    Re: Can my landlord evict me? Order of protection with husband..

    I wish to inform you that if you are having a fixed term lease then your landlord cannot terminate your lease. If your no contact order is not in effect at present then your husband can come to your place. If there is no contact order then firstly a court order will have to be taken that no contact order be removed after which your husband can come to meet you. Your landlord can terminate lease only if any terms and condition are violated. If there is no violation then lease cannot be terminated. Lastly if your lease is a month to month lease then your landlord can terminate lease at any time after giving due notice.

    AFF

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    • #3
      Re: Can my landlord evict me? Order of protection with husband..

      Originally posted by tipsyturvy View Post
      Last month my husband and I got into an argument and he called the police. Long story short, they arrested him for threatening me.

      I asked my landlord to take his name off the lease so he couldn't come back home, and she gave me a new apartment with a new lease. But in order to do that, I had to get an order of protection against him.

      The order is no longer in effect, however while it was, he came over to help me clean the old apartment because I needed help. She saw that he was there on the security cameras and threatened to call the police.

      We are going to marriage counseling, and we are trying to save our marriage. I want him to come back home, but I highly doubt she would let him back on the lease.

      Can he at least come over and visit without her having grounds to evict me? The order is no longer in effect, and I really don't want any trouble. But it's really hard for us to work on our marriage without being able to see each other.
      Your inviting your husband over while the order of protection was in effect was a violation of the order and good reason for your landlord to be concerned. If she called the police, as she rightly should have, he would have been arrested and charged.

      Domestic violence is a never ending escalating war -- UNLESS the violent person gets particularly fashioned counseling for anger management. Working on the marriage without solving the underlying problem is not the answer. Threats are all too often followed through on.

      Your best solution is to explain the situation with the landlord, that you are in counseling, the both of you. And have him present, too. There is a law against refusing accommodations like leasing to victims of domestic violence, but no provision in it for allowing someone who has had a protective order against them back into the premises and lease.

      If absence makes the heart grow fonder, you two will have that opportunity - a cooling off period while you two are getting counseling. And over time the landlord may relent.

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