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Divorce, apartment lease, legal advice!

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justme213

Junior Member
Ontario, Canada.

Four years ago, my father decided to leave my mom. They are legally separated.

So my mother moved into an apartment. Since she was never allowed to work, (my father would not allow her), she didn't have any income, no credit or money, but they agreed that he would pay the rent each month (or to be technical, he would provide the money so that she can pay the rent). Back then, in hopes of working things out, my mother allowed him to have his name on the lease along with hers, but he has never lived at the apartment, not once (even the landlord is willing to swear an affidavit stating so).

Long story short: My mother wanted to work things out four years ago (hence, why she did not file for divorce then). She knew the reason he left her was because he was involved with another woman (not the first time, he cheated on my mother when she was pregnant with me. He was caught in the act too), but she is soft and was willing to give him another chance. Well, he didn't want to work on things. So my mother decided that it was time to not try anymore and move on (she is filing for support and will then file for divorce, as advised by a lawyer). But all of a sudden, because my mother finally has a life with friends and fun, he wants to get back together (but we know the real reason is the woman he was with, gave him the boot because she wouldn't put up with his bull****. She wouldn't let him walk all over her like he did my mother for 25+ years). I guess he figured since he can't get his way with another woman, he'll go back with my mother and make her his slave all over again. Not going to happen so long as I can prevent it.

Back to the current issue...

How rent was paid:
My father would write a check to my mother, which she deposited into her bank account. Then she wrote a check to the landlord. So technically, she paid the rent as it is her name on all the checks, up until recently, my father has gone behind her back and has written the check to the landlord himself. He is doing this because he is threatening her with not paying the rent, forcing her to give up the apartment, or he says he'll just move in, against her will.

I will not allow that. I can't. He has nearly killed my mother once, by putting her through so much stress - she dropped to 86 pounds and went through all sorts of strange illnesses. I will not see that happen again. She doesn't want to move from this apartment since she doesn't have the money to do so nor does she have anywhere to go, plus the building is nicely kept, in a good neighborhood and she gets along with the superintendents very well.

He has become obsessive, possessive and more angry. He is stalking her every move (if she goes out or to a friends, he follows her), he has invaded every inch of her privacy by going through all of her stuff, drawers, boxes, everything. Whenever he was here (dropping off the check), he would screen her phone calls (he also copied her address book), took all her pictures off of her camera and downloaded her e-mails, amongst some other more "taboo" things which I will not mention.

I would like to know what my mothers rights are, how she can have his name removed from the lease (lease is auto-renewing) and any other helpful info would be very appreciated. Because he is stalking her and she does fear him harming her (because he is very unstable), I've asked her to have a restraining order placed against him. Would that stop him from ever being able to step foot in her apartment?

She just wants him to disappear. She doesn't care if he stops giving her money, she just wants him gone, out of her life (I don't ever want to see him again either). As for rent, I will pay it until my mother finds a job and is able to support herself.

Thankyou very much for any and all info.What is the name of your state?What is the name of your state?
 


LdiJ

Senior Member
Ontario, Canada.

Four years ago, my father decided to leave my mom. They are legally separated.

So my mother moved into an apartment. Since she was never allowed to work, (my father would not allow her), she didn't have any income, no credit or money, but they agreed that he would pay the rent each month (or to be technical, he would provide the money so that she can pay the rent). Back then, in hopes of working things out, my mother allowed him to have his name on the lease along with hers, but he has never lived at the apartment, not once (even the landlord is willing to swear an affidavit stating so).

Long story short: My mother wanted to work things out four years ago (hence, why she did not file for divorce then). She knew the reason he left her was because he was involved with another woman (not the first time, he cheated on my mother when she was pregnant with me. He was caught in the act too), but she is soft and was willing to give him another chance. Well, he didn't want to work on things. So my mother decided that it was time to not try anymore and move on (she is filing for support and will then file for divorce, as advised by a lawyer). But all of a sudden, because my mother finally has a life with friends and fun, he wants to get back together (but we know the real reason is the woman he was with, gave him the boot because she wouldn't put up with his bull****. She wouldn't let him walk all over her like he did my mother for 25+ years). I guess he figured since he can't get his way with another woman, he'll go back with my mother and make her his slave all over again. Not going to happen so long as I can prevent it.

Back to the current issue...

How rent was paid:
My father would write a check to my mother, which she deposited into her bank account. Then she wrote a check to the landlord. So technically, she paid the rent as it is her name on all the checks, up until recently, my father has gone behind her back and has written the check to the landlord himself. He is doing this because he is threatening her with not paying the rent, forcing her to give up the apartment, or he says he'll just move in, against her will.

I will not allow that. I can't. He has nearly killed my mother once, by putting her through so much stress - she dropped to 86 pounds and went through all sorts of strange illnesses. I will not see that happen again. She doesn't want to move from this apartment since she doesn't have the money to do so nor does she have anywhere to go, plus the building is nicely kept, in a good neighborhood and she gets along with the superintendents very well.

He has become obsessive, possessive and more angry. He is stalking her every move (if she goes out or to a friends, he follows her), he has invaded every inch of her privacy by going through all of her stuff, drawers, boxes, everything. Whenever he was here (dropping off the check), he would screen her phone calls (he also copied her address book), took all her pictures off of her camera and downloaded her e-mails, amongst some other more "taboo" things which I will not mention.

I would like to know what my mothers rights are, how she can have his name removed from the lease (lease is auto-renewing) and any other helpful info would be very appreciated. Because he is stalking her and she does fear him harming her (because he is very unstable), I've asked her to have a restraining order placed against him. Would that stop him from ever being able to step foot in her apartment?

She just wants him to disappear. She doesn't care if he stops giving her money, she just wants him gone, out of her life (I don't ever want to see him again either). As for rent, I will pay it until my mother finds a job and is able to support herself.

Thankyou very much for any and all info.What is the name of your state?What is the name of your state?
I am sorry but this forum is for US law only. None of us here have any experience with Canadian law.

Its probably not much different than US law, based on my experience, but I don't think that anyone here would be willing to hazzard a guess for your mom.

You need to help your mom get a consult with a local attorney/solicitor.

Good luck to you all.
 

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