If I am not legally allowed to enter my apartment due to a restraining order, can I vacate my lease?

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If I am not legally allowed to enter my apartment due to a restraining order, can I vacate my lease?

I am currently on a lease with my wife, however she has taken a restraining order out on me. Now, according to the court, my apartment is now for her exclusive use. I went to the apartment office to have my name removed from the lease but they claim that since she doesn’t make enough to pay for the rent on her own, I’m still on the hook for it despite the fact that I am not even legally a tenant. Is this legal?

Asked on May 16, 2012 under Real Estate Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your legal statis as a tenant has nothing to do with your restraining order here.  Think about it: if this were a home you own do you think that the bank would just take you off the mortgage?  No, they would not.  So you are still legally responsible for the rent.


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