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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17148
Experience:  B.A.; M.B.A.; J.D.
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After co signing a lease with my husband in 2011, we shared

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After co signing a lease with my husband in 2011, we shared apartment until March of this year when he was arrested for menacing and threatening my life. The landlord was informed soon after that I moved out. My husband remained on what I was told was a "month-to-month lease" (*which i never signed). I discovered that my husband changed the lock (he communicated to me in violation of O/P) so I asked landlord when I could come retrieve at least my son's belongings....She said she was evicting him for nonpayment but "needed permission" so I informed her I had Order of Protection but was never granted access. My husband died in August. The landlord recently told me that she got Marshall to enforce court eviction to remove some strange guy my husband had been illegally subletting to (only he had a key)...But, in my name (even though I was never served)! I was going to go help clean out and retrieve whatever mightve been left (even though it appears he had trashed most of my belongings) but first she said that a list of inventory had to be made...Now, she's asking me to remove or sign a "letter of abandonment" so she's not liable...but I keep telling her that almost nothing is mine (I'd hoped to at least get a couple sentimental items that used to belong to my son's father but I'm afraid that she'll use any claim on my part to hold me responsible for his debt). Please advise. How can she claim that I'm responsible because my name is ***** ***** when I was repeatedly denied access?

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

I am sorry to read about your difficulties.

No, the Landlord cannot hold you responsible for the lease. You are not responsible for the lease because you moved out because of Domestic Violence. Also, you should not sign the "letter of abandonment " because items allegedly being abandoned are not yours.

Also, if the Judgment of Eviction is in your name, you need to go to Court and file Motion to Vacate the Judgment. You do not want the Judgment of Eviction in your name because it would make it next to impossible for you to rent another property.

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