Denise Richards Files to Vacate Aaron Phypers and Family from Home, Claims They're Being Evicted After He Failed to Pay Rent
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Denise Richards filed new court documents on Tuesday, Aug. 19, asking a judge to order her ex Aaron Phypers and his family to vacate her Calabasas home
She claims that they are being evicted after Phypers stopped paying rent and she needs to retrieve her property and her dogs
Richards previously accused Phypers, who filed for divorce in July, of physical abuse and obtained a temporary restraining order against him
Denise Richards is making another attempt to access the home she shared with her estranged husband, Aaron Phypers, amid their messy divorce.
According to documents obtained by PEOPLE, the actress, 54, is requesting that the court order Phypers, 52, and his family to vacate her Calabasas property, which he currently resides in with his parents and brother, so she can retrieve her dogs and belongings without violating the temporary restraining order they have in place.
Richards claims that, although she and Phypers are both named on the lease, she moved out two years ago under the guise that his family would only be living there temporarily.
The Wild Things star further claims that she told Phypers he would be solely responsible for the rent in January when they were still occupying the house, and that she was allegedly told 'several times' they would be leaving.
PEOPLE has reached out to Phypers' rep for comment.
Richards claims she was notified on July 24 that eviction proceedings would begin on Aug. 23.
Per the filing, the landlord informed Richards that he has made several attempts to contact Phypers due to unpaid rent but has been unable to reach him, resulting in an eviction.
'I left many of my personal items and my late mother's items at the house based on Aaron telling me that his family would be moving back to Canada and we would be moving back into the [property],' she alleges in the complaint. 'If I am not able to [retrieve] my dogs and belongings, I believe my dogs will be harmed and my property destroyed or discarded during the eviction process.'
The Real Housewives of Beverly Hills alum further alleges that 'Aaron and his parents and brother have severely damaged' the home, leaving it 'in a state of disarray.' Images attached as evidence reveal patches of removed flooring, as well as several boxes, articles of clothing and papers scattered throughout the rooms.
'I was shocked at the condition of the home, having not lived there for over two years,' Richards wrote in the docs.
Richards, who has a restraining order against Phypers amid allegations of domestic violence, also referred to the Aug. 3 incident in which the police were called to the Calabasas property.
PEOPLE previously reported that Richards went to the house — allegedly under the impression that Phypers was not there — so she could 'retrieve her dogs after learning that Mr. Phypers had put down one of her other dogs without her knowledge or permission,' her attorney said at the time.
A source close to Phypers previously told PEOPLE this is '100 percent, absolutely false,' and went on to allege that Richards was screaming and banging on the door of the home to get inside. When Phypers heard her, he left through a side door, the source said.
Phypers told PEOPLE that he put the dog down because she had cancer and alleged that 'Denise hasn't interacted with the animals in two years.' However, she claims in the recent filing that she only temporarily left the dogs there in May when she was getting surgery.
The Lost Hills Sheriff's Department stated at the time that they 'did not have any evidence that a crime occurred," but PEOPLE confirmed that Phypers was on the property when Richards stopped by.
In her latest request, Richards offers an explanation for the incident.
'While I was attempting to leave the [property], Aaron's brother blocked me from leaving and placed blocks under the tire[s] of my vehicle so that I could not move my car,' she alleges in the papers. 'Aaron's mother let me in the house and then Aaron's parents interfered with me trying to leave the [property]. Aaron's mother called Aaron and told him to come back to the [property] while I was there, which would have been a violation of the TRO.'
She also claims she has made multiple attempts to resolve the matter without court intervention.
Richards states that she "will have no way of retrieving my dogs and belongings in a safe manner that ensures Aaron and his family do not come near me or harm me' without a court order.
Additionally, Richards asks that there be 'no recording or listening devices in or around' the property when she is there.
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Phypers filed for divorce from Richards in July following six years of marriage.
The following week, she claimed that he 'repeatedly abused" her throughout their relationship, which he has denied.
"Aaron would frequently violently choke me, violently squeeze my head with both hands, tightly squeeze my arms, violently slap me in my face and head, aggressively slam my head into the bathroom towel rack, threaten to kill me, hold me down with his knee on my back to the point where I would have to plead with him to get off me so that he would not kill me and hack into my laptop and phone and download all of my text messages," Richards alleged in court documents obtained by PEOPLE.
'Aaron regularly threatened to 'break my jaw' and would cry, beg me to stay, and promise to get help — none of which ever happened,' she continued, adding that Phypers allegedly 'has caused me at least three concussions.'
For his part, Phypers said of the claims: "Let me be unequivocally clear: I have never physically or emotionally abused Denise — or anyone. These accusations are completely false and deeply hurtful. Denise and I, like many couples, have faced our share of challenges, but any suggestion of abuse is categorically untrue."
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