Legal Question in Landlord & Tenant Law in Virginia
My wife and I co-signed for the rent on a home earlier this year. She has since moved out and I am stuck with the rent. She does not pay, but comes and goes from the home at free will despite my liking so. Yesterday she brought her belongings back to the house as a storage facility, dumping her furniture, etc upon me. What are my rights. Can she do this? Can she come and go as she pleases? Can I request the landlord remove her from the lease? If so, what are my obligations as far as explaining why to them? Can I change the locks? I do not like living knowing that she can just walk in at any time like that. We are in the process of divorce and its pretty ugly.
2 Answers from Attorneys
Yes, she she can "come and go as she pleases" as long as she remains on the lease. And, if you attempt to resort to changing the locks or other so-called self help remedies, things could get even uglier as you find yourself facing her lawsuit for civil damages for illegally barring her from the premises.
Other than asking the landlord to remove her from the lease (a request that s/he
is unlikely to accommodate), your appropriate remedy under these facts is to arrange for reimbursement during the division of marital property phase of your divorce for any disproportionate amounts which you may have paid in rent in her behalf under this lease.
See above.
Related Questions & Answers
-
Is it legal to evict a woman who is pregnant in Virginia? Asked 8/21/12, 4:12 pm in United States Virginia Landlord & Tenants
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
