If my boyfriend and I are both ona lease together and hegets a restraining orderagainst me, what are my rights to the apartment?

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If my boyfriend and I are both ona lease together and hegets a restraining orderagainst me, what are my rights to the apartment?

We were in a domestic violence dispute but the charges were dropped. I have worked it out with him (at this point in time) to write out an agreement stating that I will stay away for 2 years; although I will still be on the lease.

Asked on November 11, 2010 under Real Estate Law, California

Answers:

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

Answered 10 years ago | Contributor

What you are agreeing to is very foolish.  I can understand that you may feel the need to give in and be done with the matter but I do not think what you have worked out is in your best interests.  Is this agreement being made in the hopes tht he will no get an restraining order?  There are no guarantees about that and if he does, you can not go anywhere near the apartment. And your continuing to be on the lease is not a good idea for you financially.  Ask the landlord to give him a lease alone and to let you out without penalty.  Then take your stuff and start fresh.  Good luck.


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