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    cynger1626's Avatar
    cynger1626 Posts: 8, Reputation: 1
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    #1

    Jul 8, 2014, 02:04 PM
    Who gets apartment
    Hello I have been living with my boyfriend for 3yrs we recently broke up we are both on the lease I had filed a restraining order against him and he has served me with no trespassing who will have the right to stay at the apartment we have a 1year old together we live in south Carolina
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 8, 2014, 02:46 PM
    First, its not a good idea to piggyback your question on another's thread. To avoid confusion I've moved your post to it's own thread.

    Was the restraining order granted? The no trespassing will not be allowed since you are both on the lease. You can't be trespassing on property you are legally entitled to be on.

    However, who gets the apt will be a matter of negotiation. When does the current lease term expire or are you on a month to month basis?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 9, 2014, 01:43 AM
    To the landlord, you will both still be legally liable for paying the rent. It may be an issue, that the court will have to decide.
    cynger1626's Avatar
    cynger1626 Posts: 8, Reputation: 1
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    #4

    Jul 9, 2014, 01:52 AM
    We go to court today for restraining order/family court we we're on month to month lease with new management I recently found out he trying to sign I new lease before we go to court can he do that?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 9, 2014, 02:01 AM
    Your old lease is still valid. He can not make new one, until old one is voided.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 9, 2014, 04:33 AM
    The landlord can't just terminate the lease and sign a new one with him. He has to give you at least 30 days notice that he is terminating the lease. So nothing is going to happen before the hearing. Since your hearing is today, you can get it, at least, partially resolved with the result.

    Let us know what happens at the hearing.
    cynger1626's Avatar
    cynger1626 Posts: 8, Reputation: 1
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    #7

    Jul 9, 2014, 12:40 PM
    Hello after a long day at the hearing the case was dismissed I still have the right to be on the premises
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jul 9, 2014, 01:46 PM
    Which case was this? The trespassing or the restraining order? From post #4 it would appear to be the RO. So if the case was dismissed, then he is not under restraint, but since you are both on the lease, you retain rights to be in the apartment but he does as well. So really nothing has changed. So what's your next step? You don't want to live with him, right? So now what?
    cynger1626's Avatar
    cynger1626 Posts: 8, Reputation: 1
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    #9

    Jul 9, 2014, 02:05 PM
    The no trespassing was dismissed based on evidence that I was on original lease. The restraining order was granted and the apartment goes to both of Us but because of restraining order if I'm there he can't be there etc. I plan on moving so it doesn't get out of hand and someone gets hurt
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Jul 9, 2014, 02:34 PM
    Ok, thanks for clarifying, now it makes sense. I told you the trespassing had no merit. That's probably why he was trying to get a new lease.

    But yes, one of you will have to give up the apartment eventually.
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