I live in Oregon. I am wondering if my landlord can legally evict my former fiance off of our LEASE... and not me. We had a falling out and since he is on the lease, he has every legal right to be on the premesis. He is for now, living somewhere else, but he comes here when I am gone or sleeping and messes with things. There is a rubbermade shed in the backyard and he busted the latch on it to get in and break some items. He comes in and messes with things in the home while I am gone. I'm scared of him and I don't know if I have and legal recourse to keep him out. A restraining order is only obtainable if the "domestic abuse" has occurred within the last 6 months, so I can't get one of those. I am sick of being paranoid and have to find a way to stop this somehow... any advice?
2007-07-15 09:26:02 · 8 answers · asked by angel82672 2 in Business & Finance ➔ Renting & Real Estate
If I were to legally move, I would be breaking the contract of the lease and I can't afford that, being a single mom. This is a house that I rent, there are no other apartments. Besides, living in a small town (35,000) can't hide for long. Changing the locks would likely anger him more and legally, I have to let him in anyway. In April of last year (15 months ago) he had a charge of abuse against him for being violent with me but the DA dropped the charges since he agreed to pay for the things he damaged. Of course, you can't pay to heal bruises. He hasn't hit me since, but he definitely stalks me and my friends. He knows there are more ways to terrify someone that doesn't include physical violence.
2007-07-15 09:46:09 · update #1
If you can prove he broke the shed and the items in it, that is a crime which he can be prosecuted for, and then you can go on from there.
2007-07-15 09:35:45 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Your landlord won't get in the middle of a domestic dispute. He can't remove him from the lease. But, ask the landlord to change the locks on your door, and the
next time he comes in or tries to, call the police. You need to take legal action. Ask the landlord if there is another apartment
that you could have. I think, in your predicament, you must do everything in your power to protect yourself. Please, call a women's help line, and see what alternatives you have. Even if your ex has access to your apartment, he is not allowed to destroy your private property. You really need legal help. Stay safe!
2007-07-15 16:37:50 · answer #2 · answered by es 5 · 0⤊ 0⤋
What you need to do is ask the landlord if he will terminate your tenancy via separate contract. If he allows you to leave willingly, and you vacate the premises, then he's stuck with evicting the remaining person on the lease. It would take a really nice landlord to go through this with you, but there's a chance.
Check out your options with LegalAid or an attorney.
2007-07-15 17:06:03 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
Did you sign a "forever lease"? Next time the lease comes up for renewal, inform the landlord that he no longer lives there and that you and only you are authorized to live in the apartment. Most leases are only for 6 months to a year.
If you can get only your name on the lease, you can get him for trespassing and a lot more for even being on the property.
2007-07-15 16:48:23 · answer #4 · answered by Lance 3 · 0⤊ 0⤋
This is the problem with the system. They friggin wait for someone to get hurt in order to do something about it. How about talking to the landlord and telling them what is going on? Has he damaged property? Maybe you can get him out that way. If it is extreme and you feel you are in danger for your life, you need to tell this to the police. You might have to just move out and not let him know where you are staying. Whatever you do, do it quick. Your life is worth more than anything. Maybe the landlord can change the locks.
2007-07-15 16:33:52 · answer #5 · answered by greysfan 3 · 0⤊ 0⤋
You need to document the behavior and get a restraining order, then regardless of whether he is on the lease he would be breaking the law.
2007-07-15 16:33:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Cal the cops RIGHT AWAY after he leaves, and tell them he was hitting you. Tell them you don't know where he went, but you couldn't get to a phone until he had left. Make sure you have lots of tears. Tell the cops he was threatening you. You'll get the restraining order then.
2007-07-15 16:37:57 · answer #7 · answered by texblueskypilot 4 · 0⤊ 0⤋
you need to move. the only way he can be removed from the lease is if both parties agree to terminate his portion. since he seems like the stalker type, even if u did get him removed he seems like he will still come around. i suggest moving this way you dont need to look over your shoulder for this guy coming. be smart and just leave u dont need this harassment. good luck!
2007-07-15 16:33:04 · answer #8 · answered by spadezgurl22 6 · 0⤊ 0⤋