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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37391
Experience:  Attorney over 16 years, landlord 26 years
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I live in the state of California. My husband and I have

Customer Question

Hi I live in the state of California. My husband and I have been married for close to 7 yrs. We do not own a home and have been renting a home together. In which my husband is the only one who pays the rent. Last Saturday we got into a heated arguement. Before I did something stupid, that I knew I would later on regret. I left to my sisters house with the plan that I would be there for a day or so, cool off, hoping my husband would be cooled off as well. Then I would go home and we would talk with clear heads. I never took a change of clothes with me since I was planning on coming back. I tried calling as well as texting my husband Saturday night as well as Sunday, to let him know I would be home in a day or so. That I just needed to cool off. But he had powered his phone off. So I knew he was still mad. On Monday I was able to o let him know I would be coming back so we can talk, he let me know I no longer had a home, I was no longer welcome there and he had changed the locks and closed all credit cards.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: California
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: We are just renters
JA: Anything else you want the lawyer to know before I connect you?
Customer: He is not allowing me to enter the home to get my things. He asked the Landlord to make hima new lease without my name on it. And landlors has complied.
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

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.

Customer: replied 8 months ago.
How much longer will it take
Expert:  barristerinky replied 8 months ago.

Are you both on the lease as tenants? (It doesn't matter who pays)

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I don't see your actual question, but I am assuming that you are asking if he can keep you from living there?

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thanks

Barrister

Customer: replied 8 months ago.
I want to know
1. Can the landlord make him a new lease without me on it, if I have not officially moved out. My husband is the one who locked me out. I just left to cool off. With the plan to come back and discuss the issue.
Expert:  barristerinky replied 8 months ago.

Are you currently on a written fixed term lease as a tenant or are you month to month?

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Customer: replied 8 months ago.
But he got angry cause I left. And let his anger get the best of him. And changed the locks to the house.
Expert:  barristerinky replied 8 months ago.

Again...

Are you currently on a written fixed term lease as a tenant or are you month to month?

Customer: replied 8 months ago.
I honestly do not remember. But if I have to think real real real hard.. its a fixed lease
Customer: replied 8 months ago.
A lease
Expert:  barristerinky replied 8 months ago.

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.

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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.

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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.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 8 months ago.
Oh my goodness!! Your making me cry right now!! Those are the best words I've heard all week!! Thank you sooo much!!
Expert:  barristerinky replied 8 months ago.

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...

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Have a great afternoon!

Barrister

Customer: replied 8 months ago.
Are you still there??
Expert:  barristerinky replied 8 months ago.

Yes, I saw your other question and addressed it in that thread...

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thanks

Barrister

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