Rental Unit Access Rights

Summary

If your name is on the lease, you generally have the right to enter and occupy the rental unit. Since there are no written agreements or court orders, you still have this right. However, its advisable to communicate with your former spouse to avoid conflicts. If your former spouse physically prevents access or contacts the police, you can show the lease as proof of your right to be there. Consider informing your landlord about the situation and consult a lawyer if needed for protective measures or communication with your former spouse.

Full Conversation

I live in Ontario, Canada. I have a valid lease with a landlord for a rental unit. I do not currently reside at the rental unit. My former spouse, who is also on the lease, resides at the rental unit. The rent has been paid in full each month since the start of the rental agreement. Do I have a legal right to enter or occupy the rental unit?
Since your name is on the lease, you generally have the right to enter and occupy the rental unit. However, considering your situation with your former spouse, you might want to check if there are any specific court orders or agreements that might affect this right.
Have you and your former spouse established any agreements about living arrangements or access to the rental unit?
My former spouse and I have not established any written agreements regarding living arrangements or access to the rental unit. There are no active court orders regarding contact between us.
Since there are no written agreements or court orders, you generally still have the right to enter and occupy the rental unit as your name is on the lease. However, it's advisable to communicate with your former spouse to avoid any conflicts.
Do you have any concerns about potential conflicts or issues that may arise if you decide to enter the rental unit?
I fear that my former spouse will contact the police and attempt to have me removed, or that she will physically block access to the rental unit.
Case Rating: *
****, since you have a valid lease and there are no court orders restricting your access, you generally have the right to enter the rental unit. However, to avoid conflicts:
- Consider informing your landlord about the situation.
- If your former spouse physically prevents access or contacts the police, you can show the lease as proof of your right to be there.
Do you feel you may need a lawyer to discuss potential protective measures or to communicate with your former spouse?