My boyfriend and I were living in an apartment that was rented in his name. Under a protection order the judge gave me exclusive possession of the apartment for six months. My boyfriend says that he will tell the landlord and have me evicted. Can he do this?
No.
The Protection Against Family Violence Act specifically
provides that in this situation you cannot be evicted just on the
basis that you are not a party to the lease. Further, your boyfriend
is probably in breach of the protection order by making this threat
to you.
You now have the right to ask your landlord to tell you what the
status of the lease is and to tell you about any outstanding claims
the landlord has against your boyfriend, for example, for unpaid
rent. You can then decide if you want to take on the responsibilities
and obligations of the lease in your own name.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
July 2003
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