Ask a landlord-tenant lawyer and get answers ASAP
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Are you both on the lease as tenants? (It doesn't matter who pays)
I don't see your actual question, but I am assuming that you are asking if he can keep you from living there?
Are you currently on a written fixed term lease as a tenant or are you month to month?
Ok, if you are on the fixed term lease as a tenant, then no, the landlord can't enter into a new lease with husband since there is a current one still in existence that is legally binding.
Further, your spouse can't throw you out of the marital home and lock you out... So you can call the police or sheriff and ask them for an escort over to the property and they will explain to him that he can't legally do so with you being an occupant or a tenant there. One tenant doesn't have the legal power to evict another tenant.
Law enforcement can threaten to arrest him and put him in jail for obstruction of justice or disturbing the peace or whatever they come up with if he won't comply and let you back into the property.
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
You are very welcome. Happy to help any time. And the police and sheriff deal with these types of situations all the time and will know how to handle it with your husband so no one goes to jail and you get back into the residence...
Have a great afternoon!
Yes, I saw your other question and addressed it in that thread...