Q: Can my brother remove his name from a joint rental lease if he’s filing divorce and place retraining order on his wife?
He’s filing divorce due to domestic violence. He’s placing retraining order on her. They are not living together but his name is on the wife’s apartment lease. She’s refusing to pay rent and tried to threaten him back to the house. Can he get his name removed from the lease with the divorce court paper and retraining order? Thanks!
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A:
Under California law, your brother can potentially have his name removed from the joint rental lease. If he is filing for divorce and has obtained a restraining order due to domestic violence, these legal actions can support his request to be released from the lease obligations. He should present the divorce petition and the restraining order to the landlord as part of his request.
The landlord might be more willing to cooperate once they are aware of the legal circumstances, especially since domestic violence is involved. However, it is ultimately up to the landlord’s discretion. Your brother may need to explain the situation thoroughly and provide any necessary documentation to strengthen his case.
If the landlord refuses to remove his name from the lease, he might have to continue pursuing legal action or seek advice from a legal professional to explore other options, such as court intervention. It’s crucial to address this issue promptly to avoid further financial and legal complications.
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