Now I'm locked out before I could move out after victim of domestic violence

[Tobiathan]

I (he) am the victim in a domestic violence case and I have a restraining order against my ex-girlfriend. I chose to move out and she decided to stay. I spoke on the phone to my landlord about giving a 14 day d.v. case notice to move out and she said If my ex was going to stay then she could sign over the lease to where I would no longer liable or break the lease. I sent a notarized letter with receipt to my landlord and made a copy stating what we had spoke of on the phone. Not in our conversation on the phone or in the letter does it ever state nor was ever discussed when I was going to have to be out completely. Through a restraining order she is not allowed back at the apartment until the 5th to give me a chance to move out, and I payed her $300 for Nov. rent. My Landlord changed the locks and did not notify me until after the fact, nor did she ever mention that I had to be out by the 31st or that the locks would be changed. My Landlord says she can not give me access to retrieve my belongings and I must go through my ex to retrieve my things.
Is my landlord in the wrong?
What's the best approach to getting my belongings?
Any advice would be helpful.
Thanks for reading and your time.

 

[KCGirl]

Did the abusive one ever get the lease changed to her name? Usually its been my experience that the judge who signed the restraining order will, if requested. make it a part of the order the specific times/places for retrieving things. I don't know if they ever do this anymore, have the sheriff accompany the d.v. victim just as a safety precaution. But that was back in the day and lots of changes have been made, like the fact that even if the victim decides they would rather kiss and make up, that won't stop the case from going forward. Think it was probably implemented because too many spouses got back together and the abuser filled the person who was abused with stuff and nonsense about how they are so sorry and turning over new leaf. Maybe the abuser actually wanted to try to change or maybe he/she just wanted to engage in sweet talk until after victim refused to sign any complaints about what happened.

Anyway (this is not a legal opinion, just logic basically) unless your name is off the lease I would think the landlord was wrong to not let you enter. but then too any landlord worth their salt would already have a pretty good handle on what rules apply in these circumstances. So better wait up for a legitimate barrister to come to your aid!

BTW, I applaud your willingness to reveal that you were the victim of d.v. Sometimes guys will get the message or even from themselves that "men" can't be abused or be in fear of violence, which is poppycock. They are afraid, perhaps, of society or their friends even ridiculing them. DV is very unpleasant and painful as it is. We shouldn't heap shame on top of the other suffering (mental or otherwise). So kudos for you for helping turn the tide!

Just educated guesses on my part, I'm not an attorney

 

[mightymoose]

When is the end of the 14 days?

It sounds like your landlord is in the wrong, but you won't be able to force her to open the doors.... your option is to take her to court for an illegal eviction.
Your property that is still in the house will likely have to be retrieved when the ex is present, and given the restraining order you should be able to call and have a police officer stand by while you gather your belongings.

Any dispute over property that you and your ex have will have to be settled in court as well.

 

[bluemann33]

When is the end of the 14 days?

It sounds like your landlord is in the wrong, but you won't be able to force her to open the doors.... your option is to take her to court for an illegal eviction.
Your property that is still in the house will likely have to be retrieved when the ex is present, and given the restraining order you should be able to call and have a police officer stand by while you gather your belongings.

Any dispute over property that you and your ex have will have to be settled in court as well.

Thats the bad part of it, if she disputes any property you will not be able to take it then, you will have to go to court.