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?

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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 11 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.)


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