I have been granted exclusive use of a home that was lease with the respondent/abuser through a protective order.
"Was lease with the respondent/abuser through a protective order"? How does one lease something through a protective order?
Assume what you meant was that, as a result of a protective order, you were granted exclusive use of a home that you jointly leased with the person against whom the protective order was entered. Correct?
I am trying to figure out if I have to uproot our children or if they are responsible for making lease payments throughout the duration of the lease (22 more months).
Why would you think your children might have be uprooted or be responsible for making your lease payments?
Is this something that should be negotiated between attorneys or am I off base expecting that the rent will continue to be paid?
I don't really understand the question. Are
you going to continue paying rent?
If your significant other was effectively evicted as a result of this protective order, I doubt it would be reasonable to expect him/her to continue paying rent, but you obviously know him/her, whereas no one here does.
The statute you cited seems to give you the ability to terminate
your tenancy (which means your right to continue occupying the premises and your obligation to pay rent) by following the procedures set forth in the statute.
If that doesn't answer your question, you should clarify it.
I was reading this section which I guess has thrown me off:
E. The victim’s obligations as a tenant under §
55-225.4 shall continue through the effective date of the termination as provided in subsection B. Any co-tenants on the lease with the victim shall remain responsible for the rent for the balance of the term of the rental agreement. If the perpetrator is the remaining sole tenant obligated on the rental agreement, the landlord may terminate the rental agreement and collect actual damages for such termination against the perpetrator.
Here's what that means (and I won't purport to speculate about what you think it means or want it to mean):
1. Your tenancy (i.e., your right to occupy the premises and your obligation to pay rent) terminates as of the effective date pursuant to subsection B.
2. Any co-tenants on the lease retain the right to occupy the premises and the obligation to pay rent through the end of the lease.
3. If the "perpetrator" of the domestic violence is the sole remaining co-tenant, the landlord has the option of terminating the tenancy as to that person.
