If a married couple is renting a home or apartment / paying a mortgage and a restraining order is filed against one person, is the person the restraining is against still responsible for paying the rent or mortage?
1 Answer from Attorneys
Yes. The restraining order is between you and your spouse. The landlord tenant contract is between the spouses and the landlord. The landlord has done nothing wrong in this situation, so the law protects the landlord's right to seek payment from the marital community (the husband and wife), and thus both spouses are responsible for the rent, regardless of whether one no longer is allowed to live there due to a restraining order.
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