Getting an Ex Off the Lease

My question involves a relationship in the state of: Virginia

My ex moved out of the house we shared 2 months ago, and hasn't paid rent in 5 months. We're going through a contentious break up and I'm trying to get his name off the lease so he can't enter the house and bring chaos whenever he feels like it. Which is often.

I know legally I can't get him taken off the lease without his signature, but I have a very cooperative landlord who is more than happy to do whatever he can to help. He said he'd cancel the original lease and draft up a new one with just my name. Retroactive to the original move in date.

Can the landlord cancel a lease for any reason as long as one of the tenants request it? Could the landlord and I claim I violated the lease by having pets giving him just cause to cancel the original lease?

If your landlord wants to keep your ex- from moving back in, he will have to actually evict your ex.

I'm trying to minimize the landlord's involvement in all of this because I hate wasting his time as well as the fact that he's not the most prompt landlord and prone to not following through on things in a timely manner.

I hate playing 'dirty' like this, but my ex has been terrorizing me the past couple of months due to a bitter custody battle and uses access to me and my home to bully me or limit what I can do. He has also damaged a few high price items of mine recently and don't feel okay with him having access to my belongings. Moving isn't really an option right now since that process will take at least another two months to complete and the lease would be up at the end of January, anyway. Plus, I risk being in breach of my lease since no one would pay the rent.

What I would like to do is change the locks (landlord approves). If my ex does not have a copy of the original lease to prove his name is on it, does he have the ability to force me to give him a new key?

What about the few boxes of stuff he left behind? Can I put it in a storage until, pay a month's rent then give my ex the key?

so, what makes either you or the landlord think you can cancel the lease without your ex also agreeing. Your ex is a party to the contract and regardless of what you and the LL scheme to do, if he comes back and wishes to express his rights under the lease he is a party to, he can.

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Can the landlord cancel a lease for any reason as long as one of the tenants request it?

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no

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What I would like to do is change the locks (landlord approves).

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and all the ex has to do is request a key from that same landlord and get a key to the new lock.

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If my ex does not have a copy of the original lease to prove his name is on it, does he have the ability to force me to give him a new key?

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he cannot force you to give him a key. He can obtain one from the landlord. Since the lease in effect does have his signature on it, eventually it will be discovered, if needed, and then the landlord could be guilty of constructive eviction if he did not provide a key to your ex.

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What about the few boxes of stuff he left behind? Can I put it in a storage until, pay a month's rent then give my ex the key?

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only if he agrees or you choose to be liable for the value of the items you illegally moved to a storage unit without his permission. As long as he is on the lease, his property can set in the apartment.

Can my landlord be forced to give him a key. Since my landlord dislikes my ex and wants to help me, he's willing to deny my ex a new key.

Likewise, can my landlord be forced to give him a copy of the lease?

the LL refusing to give him a key could be viewed as constructive eviction. I suspect your landlord would not want to be on the bad end of a suit for constructive eviction and if he is smart, he won't act in such a manner that would put him there.

and giving him a copy of the lease is really meaningless. If such is needed, it is going to be in court and then yes, the landlord can be forced to provide a copy of the lease.

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Quoting jk

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the LL refusing to give him a key could be viewed as constructive eviction. I suspect your landlord would not want to be on the bad end of a suit for constructive eviction and if he is smart, he won't act in such a manner that would put him there.

and giving him a copy of the lease is really meaningless. If such is needed, it is going to be in court and then yes, the landlord can be forced to provide a copy of the lease.

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While I agree with this, that would only apply if the ex actually asks the landlord for a key and is denied. It doesn't hurt to change the locks and hope it makes him realize that he cannot continue things in this manner.

Also, if he did actual damage to property in the home, it might be possible to get a restraining order.

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llworking;750690]While I agree with this, that would only apply if the ex actually asks the landlord for a key and is denied. It doesn't hurt to change the locks and hope it makes him realize that he cannot continue things in this manner.

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but OP was asking about the situation between landlord and ex. Yes, if it does not involve the landlord denying a key, then OP can change the locks and hope for the best. If the guy calls the police I suggest OP should be allowing ex into the apartment though.

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Also, if he did actual damage to property in the home, it might be possible to get a restraining order.

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restraining order Hell. I would be looking to have him arrested.