Housing issues / eviction

[CHANGE THIS ACCORDING TO THE QUESTION: I assume you are asking if you can be evicted because your name is not on the lease - is that correct? If it is only your ex’s name who is on the lease, are you listed as an authorized occupant on the lease?] Technically, just because someone is removed from their home by a restraining order, that doesn’t affect the fact that they still have a lease with the landlord that they have to follow. A lease is a legal contract so the tenant on the lease is obligated to pay rent until the lease ends, unless the landlord agrees to terminate the lease at the tenant’s request.

Do you think your ex will stop paying rent to the landlord? If so, it’s possible the landlord may accept rent from you without taking action to terminate the lease in court. However, it’s also possible the landlord may refuse to accept rent from a non-tenant. If that is the case, and the rent goes unpaid, the landlord could begin an eviction proceeding for non-payment.

If you think your ex will ask to terminate the lease, then it could be possible that the lease is terminated and then the landlord may bring an eviction claim against any occupants still remaining in the unit. 

You may want to connect with a housing lawyer in your state to confirm this general information I gave and to figure out what your rights are if an eviction case is filed. We link to lawyers, including free legal services, on our website. [HYPERLINK]

Now that the abuser is gone, you may still want to make a plan for your safety aside from the restraining order. We have safety planning tips on our website or you can connect with a local domestic violence program for help.  [HYPERLINK]