Houston, tx

[monicaregister]

If a man and woman that arent legally married with no kids both signed an apt lease but one day the woman found out her boyfriend cheated on her, who or what can determine who gets to stay and who gets to leave then in this case if cheating doesnt void the lease agreement? What can be done legally in this case as to determine who gets to stay and who has to go? If one of the two calls the police and puts a restraining order on the other, does the person placing the order get to stay and the other has to go?

[TenantNet]

We're not sure if this post is legit as it comes from another country. So we're answering the question as best we can, but then locking the thread. If the poster wants to add more to this, contact us.

You don't say where you are and the IP address is in another country, so we can only suggest a NYC answer. It may depend on your local jurisdiction.

If two unmarried adults sign a lease, they both are responsible for it. If there is a "joint and several" provision in the lease, it means both tenants are liable for the rent, either individually or together. That means if one moves out, the landlord can come after the remaining tenant for the entire rent.

Both tenants are equal, meaning one can't for the other to leave. Cheating does not void the lease agreement. The 2 parties will have to work that out themselves.

A restraining order can complicate things, but tenants should not use that as a remedy just because they are mad at the other person. A restraining order is useful when one mistreats the other. A court order, OTOH, might allow a lease to be broken.

Here's one resource we found on Google:
https://www.womenslaw.org/laws/ny/restraining-orders
and
https://www.womenslaw.org/laws/ny/housi ... node-36171

Understand that a restraining order might be temporary.