How to get husband off lease

[anita70s]

I live in NC. My land lord wants my husband out.She knows I want to get seperated. We where seperated for 5 years before we moved back in together. We have seperate bed rooms. We have not slept together in over 2 years. We only moved in together for my son but it is not working out.She found out that he got charged of a assult with a deadly weapon (not on me but someone who came to our house) Anyways she wants him out but does not want to evict me. Our lease is up next month and I was told if I wanted to stay I had to get leagaly seperated.If not I will have to leave next month as well. My finances are limited so I have to do it with out a lawyer. I am not sure why she can not just make a new lease with only me and I just have him evicted.
My land lord is a little afraid of him but she does not want to get involved. I like my house and do not want to move. how do I get him off the lease and out?

 

[Gail in Georgia]

EVERYONE (the landlord, you AND your husband) must agree to the idea of taking him off the lease.

Gail

 

[LdiJ]

EVERYONE (the landlord, you AND your husband) must agree to the idea of taking him off the lease.

Gail

Doesn't the landlord have the option of refusing to renew the lease, and then later on signing just a lease with the OP?

However, that doesn't change the fact that they are still married and its the marital home.

 

[mistoffolees]

Doesn't the landlord have the option of refusing to renew the lease, and then later on signing just a lease with the OP?

However, that doesn't change the fact that they are still married and its the marital home.

Even if the landlord refuses to renew and/or signs a renewal with only OP, it's still the marital home. Furthermore, the landlord would have to go through formal eviction process.

They really need either ex's agreement or else a court order giving OP exclusive use of the marital home - and then the landlord could sign a new lease with OP.

 

[LdiJ]

Even if the landlord refuses to renew and/or signs a renewal with only OP, it's still the marital home. Furthermore, the landlord would have to go through formal eviction process.

They really need either ex's agreement or else a court order giving OP exclusive use of the marital home - and then the landlord could sign a new lease with OP.

A formal eviction is not required when a lease expires. It is sufficient to decline to renew the lease. Of course, if the parties simply refuse to move out, then an eviction would be needed.

 

[Captain Picard]

A formal eviction is not required when a lease expires. It is sufficient to decline to renew the lease. Of course, if the parties simply refuse to move out, then an eviction would be needed.

Ask the LL to change the locks when new lease takes place.

 

[OHRoadwarrior]

Unless landlord chooses to evict, the residence goes to a month to month tenancy. Landlord seems to have put it into OP court to deal with the hubby eviction/legal separation, if she wants to stay.