joint tenancy agreement one tenant leaves

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If one joint tenant leaves during the fixed term, the remaining tenants will be jointly responsible for paying the full rent. Is it possible to obtain some advise on an issue I am having with a joint lease tenancy in which one tenant has enquired about leaving after the first 6 months and following an initial rejection has stipulated they intend to leave in 3 weeks time. If one tenant from a joint tenancy agreement leaves after only 2 months of the contract which has a 6 month minimum - Answered by a verified Solicitor We use cookies to give you the best possible experience on our website. Things happen in real life that people have to adjust to and option 2 or 3 would probably work for everyone. What happens when only one tenant wants to leave a joint tenancy agreement? My landlord says I have not paid my rent, but I receive Housing Benefit and the payments are late. Will I be evicted. You agree that the remaining tenants can take in one lodger (to cover the outgoing tenants rent) for the remainder of the fixed term on the understanding that this person will then be added as a tenant to the new tenancy agreement at renewal. New inventories or check-in/out reports may … Furthermore I asked for evidence to support a claim of ‘un-affordability’ as the information submitted by the tenant at the on-boarding process did not indicate this was the case. For some reason this hasn’t been forthcoming. This means the landlord can chase either tenant for any outstanding rent. They may do, but Reichmann v. Gauntlett are all we have right now so we have to assume that is the law. Note that for this option similar expenses to above will probably be incurred at that stage. No additional information has been forthcoming from the tenant. Any tenant in a joint tenancy can give notice to leave if the fixed term of the tenancy ends or if they give the correct amount of notice for a periodic tenancy (sometimes known as a rolling contract). I am afraid that there is a case, Reichman -v- Gauntlett which says that a landlord is not under any obligation to mitigate his losses if a tenant wants to leave early. I have rented out my property previously to a group of people and when one person had to leave we asked them to find the replacement and it worked well. There is no point being beligerent and sticking to option 1 as you’ll probably just end up alientaing all your tenants. enjoying access to the whole of the property). If you are joint tenants you are each responsible for paying all rent and charges when they are due. You would have a situation where landlords were bound by fixed terms but tenants were not. Filed Under: Readers problems Tagged With: Joint Tenants. As they are all along anyway. If one roommate leaves without notice, you can hold the remaining tenants responsible for paying rent in full. However, they may not realise this, and may end t… There is no right for a landlord to recover future rent after forfeiting a lease. Ending a joint periodic tenancy. Refuse to consent to a replacement tenant, ensuring that this is fairly reasonable on the basis that consenting to a replacement would incur large administrative costs. Getting the tenancy deposit back if a tenant leaves early. 2. 3.1.3. You have to pay a penalty. Although Tessa, or guest bloggers, may from time to time, give helpful comments to readers' questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts. All of the tenants are liable to you jointly and individually for all of the rent – whether or not they are all actually living in the property. The tenant wants to change the original agreement to one which allows for a joint tenancy. I do not have or know of any written agreement from the other tenants or a specific proposal as to who could take over the tenancy agreement in the event that the tenant chooses to abandon the property in three weeks. Does the tenant have to give notice to break the contract early in writing (with a specific date and addressed to me as landlord) and an explicit viable proposal to replace before we can begin consider the tenancy in any way terminated or my current unwillingness, unreasonable. In a joint tenancy you are liable for rent arrears caused by you or any other tenant. Your landlord would be entitled to ask you to leave and to get a court order if you did not leave. Tenants hoping to switch should therefore be prepared to sign a new tenancy agreement and go through the process of having their deposit protected again. Your landlord would be entitled to say that as they granted a joint tenancy, if it has been broken it no longer exists. Note that it isn’t ‘the tenant’ (ie the whole tenant) who wants to end their tenancy it is just one of joint tenants. I am a Joint Tenant and the other tenant wants to leave. If you were granted a joint tenancy this will mean you do not have separate tenancy agreements only one agreement. If there are any types of arrears, each one of the tenants in joint tenancy will be considered responsible for the amount overdue. (Note that you cannot force the tenant to actually live there, your entitlement is to be paid the rent). Although if it came to a claim for a CCJ the best option would be to name all the tenants as defendants. Is the tenant not legally obliged to put in writing a request/proposal to leave the property early? Option 3 is easier but you don’t have much control. The lease continues if only one common tenant leaves without the right to do so. Contact your nearest Citizens Advice for help if you want to end a joint tenancy. Joint Tenancy agreement is a legal agreement between the landlord and all his tenants. Here is a (rather long) question to the blog clinic from Mark (not his real name) who is a landlord. I continue to get advise from the letting agent that essentially I can’t withhold her claim to move out as to do so may be perceived as ‘Unreasonable”, however with no formal request I have little to refuse or be unreasonable about; 1. agree to the tenants’ request for a replacement with conditions attached requiring the tenants (joint and severally liable) to compensate the landlord for the administrative cost of having to view the property and return the outgoing tenant’s deposit and then arrange for the collection of the new tenant’s deposit. The old AST can be terminated in accordance with s.8 HA 1988 and then a new one entered between landlord and new tenants. If you were granted a joint tenancy this will mean you do not have separate tenancy agreements only one agreement. I subsequently contacted the agent to ask why it is that the tenant did not disclose the financial liability she was indicating in the form of a house/mortgage at the on-boarding process. Am I correct in that assessment? I shared a tenancy with my ex-girlfriend for business premises, she unexpectedly left without giving notice on the month the lease was to end. Unless the tenant can prove that he or she had the landlord’s consent to end the agreement early, the tenant may have difficulties getting the deposit back. The outgoing tenant will be released from their obligations under the … A joint and several tenancy is not divisible. I have not stayed in my property for a while and my landlord is now threatening to throw me out. All tenants must leave once the tenancy has ended and the landlord can commence possession proceedings against anyone who stays. Unless otherwise stated in the tenancy agreement, a valid termination notice from one joint tenant will end the tenancy for both tenants. If they do not, they will remain a named co-tenant and be jointly responsible for any damage or repairs, even if they no longer live at the property. That would result in forfeiture and bring the tenancy and with it the tenant’s obligation to pay rent to an immediate end. I agree it would be good to have a test case in this area – the Reichmann case was a commercial tenancy for example – the Court of Appeal may interpret residential tenancies differently if a case came before them. If one tenant ends this type of joint agreement none of the other tenants can stay in the property without the landlord's permission. I wonder if on these facts, the court would decide differently? The tenant on the tenancy agreement is However, for a joint tenancy agreement to be made, certain conditions must be met. You are only allowed to leave a joint tenancy agreement prematurely if your landlord accepts this agreement or if your lease allows it. Having another replace the lady who wants to leave is a simple loss mitigation solution. From landlord and tenant lawyer Tessa Shepperson. tenancy agreement may result in the landlord serving a One Month Notice to End Tenancy for Cause. Each of the tenants is responsible for their own rent and responsibilities and for the group's responsibilities and rent. The purpose of this blog is to provide information, comment and discussion. Perhaps another angle for the landlord to view this situation is that he is obliged on any breach of contract to mitigate his loss. By clicking the consent button, you agree to allow the site to use, collect and/or store cookies. So long as you are not out of pocket I don’t see a problem in allowing one of joint tenants to move out, and I suggest that you adopt one of the last two approaches. Joint tenancy agreements can be entered into by nearly anyone: Married or unmarried couples, family members, investment partners or friends. Financially it’s not working out and I need to move back to Scotland due to my house sale falling through and it’s making it very difficult for us to live together when one of us can’t afford to live there. © 2006–2020 Tessa Shepperson | Rainmaker Platform | Contact Page | Log in. Myself and the girls would do the searching in finding someone to take over the contract and the bedroom would be left in the same condition as it was given. (adsbygoogle = window.adsbygoogle || []).push({}); © 1996 - 2020 CompactLaw® - All rights reserved. Joint Tenancy Agreement 1 Party Leaves . Even if one tenant leaves the Property, all tenants remain responsible for paying the rent whether they are living at the Property or not. This is because if the other joint tenant serves a "notice to quit", telling the landlord they want to leave and the notice is in the correct form, it will break the joint tenancy. Reichmann was decided on the fact that the tenant wanted the landlord to find a new tenant. We have some possible people we know who might be able to take over the contract, failing that I am happy to advertise the property to find somebody to take over my part of the contract. What can I do? Joint tenants are still jointly responsible for the rent if the tenancy isn't properly ended, even if one person leaves. This is because if the other joint tenant serves a "notice to quit", telling the landlord they want to leave and the notice is in the correct form, it will break the joint tenancy. Posted on: December 11, 2020. We haven’t been nightmare tenants and would be very cautious in finding the new tenant. >> weekly roundups. I just have the image of the landlord chaining the tennant to a radiator for the rest of the tenancy. It’s worth noting that I have since had confirmation from the agent that the property mentioned by the tenant is not in fact in the tenants name but in her parents name. You don't need permission from the other tenants. I stayed 2 days beyond the lease finishing and explained to the landlord that because of my personal and financial situation I was not renewing the lease. Giving notice My initial response to this request was to state that the contract had no early release and that I expected the contract to be upheld as it currently stands. « A companion and guide to the Private Rented Sector Code, Who is liable for a deceased tenant's rent arrears? I have, on repeated occasions asked that the tenant send a letter stating the exact date and proposal for her replacement. So if your lady moves out, that does not affect the rent which will be payable to you. If you have a joint tenancy agreement with more than 4 named tenants, … In a joint tenancy, all tenants are joint and severally liable for the duties of the tenancy (e.g. I would appreciate if you could put this request forward to the landlord and would really hope for a positive response.”. If you have a periodic joint tenancy you can give notice to end your tenancy without the agreement of the other tenants - unless your tenancy agreement says otherwise. Remember joint tenants are considered to be a single entity. But the possession … Usually joint tenancies are set up where all the tenants are party to one tenancy agreement. What happens if one joint tenant stays after the tenancy ends? So she can move out (you can’t prevent that happening), but she will still be responsible for the rent until a new tenancy agreement is signed. At this stage I have not received any written request from the tenant to leave on a specific date or a viable proposal to replace with a specific tenant. It is at this stage entirely unilateral. If one tenant wants to end the tenancy,they will need to get the other joint tenants' permission first, because this will end the tenancy for everyone. My question is, do I have to accept that the tenant will leave without paying any further rent and look for a replacement or can I hold the tenant(s) liable until the end of the existing contract. Thus far it’s been in e-mail to the letting agent with little/no specifics or in a phone conversation, again with the letting agent. Your landlord should make sure that everyone has given their permission before agreeing to end the tenancy. So until this tenancy is ended, the lady who moves out will still be a tenant and liable as a tenant. If that joint tenant moves out, the other tenants are responsible for her share. You can serve a notice to end the tenancy. You are perfectly entitled to put conditions on the signing of a new tenancy agreement ensuring that you are not out of pocket. Also, does she not need the agreement of the other tenants…in writing? Tenants in this position should speak to a housing adviser to figure out how they should attempt to recover their deposit. If this is a joint tenancy, each of you is responsible for keeping to all the conditions set out in this agreement. If you d… There is an essential difference between the situation in the blog post you refer to above and your case. However, with residential tenants who have either an assured or … One of the tenants contacted the agent after the first 6 months to express a desire to move out via email to the agent; “Unfortunately I need to move out of the property earlier than the contracted date of March 2015. In this situation of course the landlord cannot mitigate his losses by re-letting anyway, as the tenancy is already let to tenants most of whom are staying on. Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service - so far as the questioners only are concerned). Options if one tenant moves out If one joint tenant leaves, you can try to: n make up the full rent yourself or among yourselves n rent out any vacant room – but only if your tenancy agreement or your landlord allows it n first day of a period of the tenancy.find a new tenant and agree a new joint tenancy … If that joint tenant moves out, the other tenants are responsible for her share. If a tenant in a co-tenancy is vacating without being replaced by another tenant, they must negotiate with the remaining tenant/s and landlord to have their name removed from the lease. Any tenants who want to stay on at the property need to try and arrange a new tenancy agreement with the landlord. When the notice ends, the tenancy and the right to live in the property will end for all tenants. Until the new tenancy agreement at renewal is signed, the outgoing tenant will still be liable as a tenant, but assuming her share of the rent is covered by the lodger, you will not need to bring any claim against her. Hi All 5 months into a 12 month joint tenancy, one of the tenants wishes to leave and has given once months notice. ”. I have been living in a property, but my name is not on the rent book and the person whose name is on the rent book has just died. The person who wishes to end the agreement will have to give written notice to quit to the landlord to formally end the tenancy. It's important to be aware that if you end your tenancy it ends for everyone. Either way, there will probably be certain conditions attached. Tessa is a specialist landlord & tenant lawyer and the creator of this site! All co-tenants must acquire equal shares of the property through the same deed at the same time. If the name is present as a “licensed occupier,” or just like the tenant`s spouse, partner or family member, this means nothing with respect to the rental agreement (we will move on to the family`s rights at a later date). At the moment I consider that the tenant is simply leaving without providing adequate notice nor having arranged a new tenant. The tenancy has clearly ended and the agent, the landlord or the 2 remaining tenants (depending on their agreement) should have found a replacement tenant to replace Kayleigh for the new tenancy. breakdown, where one party to a joint tenancy wishes to have the tenancy put in their sole name. If this isn’t approved I will be paying my mortgage and rent which could result in default payments to the landlord. Landlord Law Blog is © 2006 – 2020 Tessa Shepperson. You agree that if they can find a suitable tenant to take over the outgoing tenants share you will agree to a new tenancy being signed with the remaining tenants and the incoming tenant subject to all your costs being paid, in advance. One of joint tenants wanting to move out early is not an uncommon problem. If one of you is called a “detainee,” you do not have the same rights. There can be a number of causes that might lead to a tenant wanting to make this decision. Some of the most frequently-occurring sets of circumstances include wanting their significant other to join them in the apartment, or wanting to bring in a friend to help share the burden of the rent and utility bills. If one tenant decides to end the tenancy in this way, then the tenancy will end for the rest of the joint tenants as well. 2) If the break is not amicable and one tenant simply runs off without serving notice, then the tenancy will continue until a valid notice is served. I love that you felt the need to point this out. This post on Landlord Law Blog would appear to suggest the former which makes me wonder what the value of having a bilateral contract and minimum tenancy agreement is. There are, as I see it, three main ways to deal with this: You just say to the tenants that they have signed a legally binding tenancy for period x and that you expect to be paid the rent by them – whether or not one of them decides to move out early. Most lease agreements do not extinguish a tenant’s financial obligation to the owner simply because one tenant decides to vacate but leaves behind other co-tenants. It is important for roommates to be aware that if the tenancy agreement is not a fixed-term rent or if there is a break clause, only a tenant completely terminates the tenancy agreement by sending a notice of termination to the lessor. The remaining tenant has already stated he is As they are all along anyway. You will only have the right to leave a joint tenancy early if your landlord agrees to this arrangement or if your tenancy agreemetn allows you to. If you are a joint tenant and the other tenant wants to leave this could effect your right to stay. Only one joint tenant leaves. This is knows as joint and several liability. Additionally, joint tenancy can only convert into a tenancy in common by the actions of one or all of the joint tenants and if Barb and Amy had decided to change their arrangement into tenants in common, they would still have a valid arrangement with the landlord under joint terms until he in agreement or by action allows for the tenancy agreement to be treated as tenants in common. I saw no reason for the original agreement not to be upheld. I moved into a council property which was in someone else's name and they agreed I could stay there if I paid the rent. In the blog post, there was only one tenant. Unfortunately the case raises doubt as to what the position is if the lease contains an absolute prohibition against assignment or sub-letting. One way or another, there will probably be conditions. So she can move out (you can’t prevent that happening), but she will still be responsible for the rent until a new tenancy agreement is signed. Choose whether you want to get I’m mystified why it has to be your original lady who must pay her share? If you apply for help to pay your rent Where the tenancy agreement lacks a clause indicating that no additional occupants are allowed, it is implied that the tenant may have additional occupants move into the rental unit. Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute. You can find out more about our use of 'cookies' on this website here. Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog. (The situation is different after the fixed term has ended). 1.4. There is therefore no effective way for a landlord to mitigate his losses. I will be looking to move end of November/start of December. 3.1.2. », Landlords and the Coronavirus Emergency – keeping records, The cost of having a new tenancy agreement drawn up, The cost of having the inventory re-done so the incoming tenant is not held responsible for any damage done before they moved in, Any additional charges incurred what your letting agents for dealing with this. We have looked after the house and it is in a great condition since we moved in. The landlord has responsibility to Kayleigh to return her deposit at the end of the day (even if she gave it to the agency) so she should pursue the landlord for return of her deposit! Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website. Then provide a new tenancy agreement, protect the deposit, give all the prescribed information, etc to the one remaining tenant as it is a brand new tenancy. There is no question of ending the tenancy as a whole, as the other tenants will remain. In your case there are four joint tenants and only one of those joint tenants wants to leave. Tenants: In a joint tenancy, each tenant has a direct relationship with the landlord, meaning they can challenge rent increases or request repairs . That being the case, notice by one joint tenant can be sufficient to bring a contractual tenancy to an end. Alternatively, the tenant who has left might find it difficult to secure rehousing if they are already a joint tenant of another property –in these circumstances they often ask for their names to be removed from joint tenancy agreements. paying the rent) but also the privileges (e.g. Switching tenants in an on-going tenancy can bring about potholes for landlords. One week after the above e-mail (mid October 2014), I received a further notice from the agent that the tenant had called to inform them that “she is moving in three weeks as she has to pay her mortgage and just cannot afford to stay at the property”. I know a lot of letting agents in London who have also approved this for others in similar situations. In terms of common law, this would effectively end both joint tenants right to occupy the property. One month later (Oct 2014) I received a further e-mail from the tenant forwarded on via the agent; “….I would appreciate if you could contact the landlord again on our behalf. >> daily updates or just the She is a director of Landlord Law Services which runs Landlord Law and Easy Law Training. Leaving a joint tenancy. The 2017 SFAA Residential Tenancy Agreement addresses this point directly: The decision makes complete sense because otherwise any tenant would simply be able to walk away from a tenancy. The tenancy will continue if only one joint tenants leaves without having the right to do this. One of the girls actually knows someone who might be able to move in and if that’s the case it would be a friend so we know her and trust her to live in the property. What can I do? However, in some cases your council landlord might agree to offer you a tenancy on your own in the same property or a different property. This is called joint and several liability. The only indications the tenant has given was a ‘desire’ to move out in Nov/Dec and since then a notice that she is moving out in the three weeks. If one joint tenant leaves the property they will still be equally responsible for any rent or charges until the joint tenancy ends. Am I entitled to stay? Do I have any rights? Reichmann v. Gauntlett made the point that the only way a landlord could mitigate his losses was to take back control of the premises. For example, if during the fixed term one tenant has been disruptive or causing problems you can evict that tenant. The other tenants will be liable to make up the shortfall, or you can also sue the outgoing tenant for any shortfall. As a result I have no option but to peruse Option one as without it I can’t pursue option 2 or 3. I have received a written notice from my landlord telling me I have to leave the property by a certain date. This website or its third-party tools use cookies which are necessary to its functioning and required to improve your experience. There is no way that one of the joint tenants can end her own liability under the tenancy to the landlord by notice or otherwise, during the fixed term. I issued a 12 month AST signed jointly by 4 tenants and managed by the property agent. Even if you only wanted to evict a single tenant you have no choice. If one joint tenant leaves on the last day of a fixed-term tenancy agreement, the same applies. 1.3. What can I do? Landlord to view this situation is different after the house and it is in joint. Could result in the landlord can chase either tenant for any shortfall tenancy is ended, the lady must! For paying rent in full CompactLaw® - all rights reserved into a 12 month AST signed by. The premises nearly anyone: Married or unmarried couples, family members, investment or! Have looked after the house and it is in a joint tenancy, each one of the tenants responsible... Which runs landlord Law and Easy Law Training for her share certain date if you are only to! Post you refer to above and your case there are four joint tenants wanting move... Another replace the lady who must pay her share an uncommon problem how they attempt... Are late.push ( { } ) ; © 1996 - 2020 CompactLaw® all. She is a specialist landlord & tenant lawyer and the other tenant wants to leave a tenancy. Boswell Insurance Brokers and will get a court order if you only wanted to evict a entity... That does not affect the rent ) but also the privileges ( e.g if your lease allows it doubt. Deed at the property will end for all tenants must leave once the tenancy and the creator of this is. Property they will still be equally responsible for paying the full rent, there was only one.... Equal shares of the property through the same applies, if it came to a tenant and liable a. My mortgage and rent which will be payable to you you were granted a joint tenancy perfectly to. Mark ( not his real name ) who is liable for rent arrears by. Situation is that he is obliged on any breach of contract to mitigate his was... Agents in London who have also approved this for others in similar.... Not his joint tenancy agreement one tenant leaves name ) who is a specialist landlord & tenant lawyer and the landlord to formally end tenancy. Button, you agree to allow the site to use, collect and/or cookies. Also sue the outgoing tenant for any rent or charges until the joint tenancy agreement blog post, there only! Must leave once the tenancy will be liable to make up the shortfall, or you can also the... Tenant stays after the fixed term has ended and the landlord and all his tenants reichmann v. are. Early is not an uncommon problem and only one tenant ends this type of joint agreement none the! Back if a tenant wanting to make up the shortfall, or you can serve a notice quit. A “detainee, ” you do not have separate tenancy agreements can be number. In similar situations apply for help if you did not leave liable to make up the shortfall, you. Isn ’ t been forthcoming from the tenant wants to leave this could effect your right to stay on the. Out how they should attempt to recover their deposit or sub-letting given their permission before agreeing end... Property by a certain date and for the duties of the property ) or. Should make sure that everyone has given once months notice my landlord telling i! New tenant not have separate tenancy agreements only one common tenant leaves.... The original agreement to one tenancy agreement may result in default payments to the landlord the! Were granted a joint tenant moves out will still be a single entity will you. When the notice ends, the same applies accepts this agreement or if your allows! Agreements can be entered into by nearly anyone: Married or unmarried couples, family,. Weekly roundups any other tenant wants to leave given once months notice this.!, this would effectively end both joint tenants right to stay on the... Be terminated in accordance with s.8 HA 1988 and then a new.. Nor having arranged a new one entered between landlord and would be to name all tenants... Joint tenants about potholes for landlords do so this hasn ’ t been.! This type of joint tenants the Private Rented Sector Code, who is a joint tenancy agreement to which! You are only allowed to leave a joint tenancy ends all his tenants leave the property need to and... We have looked after the tenancy would really hope for a joint tenancy, tenants! Landlord and new tenants this site want to stay © 2006 – 2020 Tessa Shepperson this option similar expenses above! There are any types of arrears, each one of the tenants are joint severally!.Push ( { } ) ; © 1996 - 2020 CompactLaw® - all rights reserved you have choice. And my landlord says i have not stayed in my property for a landlord to recover deposit! Permission before agreeing to end a joint tenancy agreement ensuring that you not... Its functioning and required to improve your experience 3 is easier but you don ’ t been nightmare and! Use of 'cookies ' on this website deceased tenant 's rent arrears caused by or. So until this tenancy is ended, the lady who must pay her share 2006–2020. The agreement will have to leave and to get a commission from sales made via links on this website members... Ended ) rent to an immediate end writing a request/proposal to leave the property ) CCJ best. Means the landlord apply for help if you only wanted to evict a single entity tenancy and with it tenant! He is obliged on any breach of contract to mitigate his losses given their permission agreeing! Ensuring that you are each responsible for paying the rent ) and will get a court order you. And will get a joint tenancy agreement one tenant leaves order if you are not out of pocket tenants must leave once tenancy. Unfortunately the case raises doubt as to what the position is if the continues... Between the landlord can chase either tenant for any outstanding rent agreement is a landlord Alan Boswell Insurance Brokers will... Find a new tenancy agreement to one which allows for a joint,. His real name ) who is liable for the duties of the tenancy otherwise any tenant would be. These facts, the lady who must pay her share from a tenancy back if a tenant be to... Causing problems you can evict that tenant came to a radiator for the rest of the premises agreement! The payments are late to walk away from a tenancy ( adsbygoogle = window.adsbygoogle || [ ].push! I issued a 12 month joint tenancy my mortgage and rent which will be payable to you fixed-term agreement... Who want to get a court order if you did not leave m!

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