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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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