I have a restraining order on my husband, can the judge order him to be removed from our lease if he is not living at the apt?

Thank you for your question.

It is more likely that the court will order that your husband leave the apartment. It is not likely that the court will make an order regarding the lease and/or whether a name should be removed from the lease. However, to the extent the court orders that your husband not return to the property in your presence, the property management company or landlord will have to honor that.

If the permanent restraining order is granted then you will likely be given exclusive possession of the property. The court will probably not remove his name from the lease. Therefore, unless the landlord releases him from the obligations of the lease agreement. He will likely continue to be responsible in part under the lease agreement.

Be advised that if the rent is not paid in full then the landlord will likely file an unlawful detainer action. The landlord can hold both parties jointly and severally liable if they are both on the lease agreement.

Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.