What to do if my husband and I signed a lease but are now separated, and the landlord will not do anything to deny him access?

UPDATED: Feb 23, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 23, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my husband and I signed a lease but are now separated, and the landlord will not do anything to deny him access?

The landlord feels he must allow him access to the house but I am fearful of what he might do to me or the property, since he has made threatening remarks to me. I did change the locks to protect myself, and now the landlord says I am in violation of the lease, and must change the locks back. I am considering getting a protection order. Will this resolve all of the issues involved? If not, what recourse do I have?

Asked on February 23, 2012 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, bear in mind that your domestic situation is NOT the landlord's concern, unless and until there is some court order the landlord must obey. Until that time, the landlord has to let your husband in if your husband is on the lease--your husband has a right to enter as a lessee, and if the landlord tried to bar him, the landlord would be breaking the law and would be potential liable to your husband. You also, as a renter, have no right to change the locks without the landlord's permission or to exclude another renter.

Speak with a family law attorney. You may need a protective order; you may also wish to initiate divorce proceedings. Experienced family law counsel can help you understand all  your rights and options.

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 lock Secured with SHA-256 Encryption