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Roger
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31021
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My ex is blackmailing me to take her off the lease to our

Customer Question

My ex is blackmailing me to take her off the lease to our apartment. She said if I don't pay to break the lease or find someone to replace her on the lease, she will file a restraining order against me to force the office to break the lease.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Roger replied 5 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

First, and most importantly, her taking out a restraining order will not affect the lease.......the judge may order the two of you to stay away from one another, but your joint obligation to the landlord will remain intact. So, someone would still be obligated to pay rent despite not being able to live there (because of the order).

Expert:  Roger replied 5 months ago.

Also, if she were to seek a restraining order without proper cause, you could counter-charge her with abuse of process and malicious prosecution for seeking the restraining order without a justified basis. This can be difficult unless there is solid proof to show her true motives......but the judge is usually able to see through the charade and lay waste to her false claims.

Customer: replied 5 months ago.
Is there anything I can do to sue her for blackmail or press charges?
Expert:  Roger replied 5 months ago.

Yes, you could sue for malicious prosecution and abuse of process for using the judicial system to achieve a result not contemplated or allowed by law.

Customer: replied 5 months ago.
What if she has some evidence to prove that a restraining order may be sufficient, can I still sue her or press charges for blackmail? She would only have evidence from a while ago that MAY be sufficient. Nothing recent. She never filed a police report
Expert:  Roger replied 5 months ago.

You can claim that she has ulterior motives for seeking the restraining order and let the judge decide the issue....but again, the restraining order, even if it is granted to her, will not let her out of her obligation under the lease.

Customer: replied 5 months ago.
Well the thing is, I guess she called the leasing office and they stated that if she did get a restraining order, they would be forced to break the lease.
Expert:  Roger replied 5 months ago.

If the landlord is willing to let her out of the deal, then that's their decision....but you can still challenge the basis for seeking the restraining order and claim that there's no legitimate basis for it and that she's motivated by things other than a threat of harm from you.

Customer: replied 5 months ago.
If I were to challenge this and win, would the restraining order come off of my record?
Expert:  Roger replied 5 months ago.

Unless she seeks a restraining order through criminal court, there should be no record as civil restraining orders don't appear on background checks. Most restraining orders are sought through civil court......because most criminal restraining orders are accompanied by a criminal charge - like harassment, assault, battery, etc.

Expert:  Roger replied 5 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 5 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 5 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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