Denise Richards Files to Vacate Aaron Phypers and Family from Home, Claims They’re Being Evicted After He Failed to Pay Rent

Denise Richards is making another attempt to access the home she shared with her estranged husband, Aaron Phypers, amid their contentious divorce.

According to documents obtained by PEOPLE, the 54-year-old actress is asking the court to order Phypers, 52, and his family to vacate her Calabasas property, where he currently resides with his parents and brother. Richards seeks to retrieve her dogs and belongings without violating the temporary restraining order in place.

Richards claims that, although both she and Phypers are listed on the lease, she moved out two years ago with the understanding that his family would only live there temporarily.

The Wild Things star says she informed Phypers in January that he would be solely responsible for the rent while they were still occupying the house and that she was told “several times” his family would be leaving.

Richards says she was notified on July 24 that eviction proceedings would begin on Aug. 23. According to the filing, the landlord has made several attempts to contact Phypers over unpaid rent but has been unable to reach him, prompting the 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. “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.”

Richards also claims that “Aaron and his parents and brother have severely damaged” the home, leaving it “in a state of disarray.” Photos attached as evidence reportedly show removed flooring, along with boxes, 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 documents.

A source close to Phypers dismissed Richards’ filing as an attempt to “divert attention away from her adulterous affair.” They added, “We also don’t see an emergency as warranted with the current action, especially with Denise’s immediate interest in trying to get into the residence Aaron lives in [being] not only suspicious, but manipulative.”

The insider alleged that Richards “previously agreed to a swap of personal property with Aaron for July 16th when the movers were surprisingly turned away,” and added, “She has kept all personal, business, and third-party equipment from Phypers, leaving him with only a shirt on his back for the last 50 days.”

Richards, who has a restraining order against Phypers amid domestic violence allegations, also referenced the Aug. 3 incident when police were called to the Calabasas property. PEOPLE previously reported that Richards went to the home — allegedly believing Phypers was not there — to “retrieve her dogs after learning that Mr. Phypers had put down one of her other dogs without her knowledge or permission,” according to her attorney.

A source close to Phypers previously told PEOPLE this claim was “100 percent, absolutely false,” alleging Richards was screaming and banging on the door. Phypers reportedly left through a side entrance. He told PEOPLE he put the dog down because it had cancer and claimed, “Denise hasn’t interacted with the animals in two years.” Richards says she only temporarily left the dogs there in May while recovering from surgery.

In her latest filing, Richards describes the confrontation at the property:

“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. “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.”

Richards says she has attempted to resolve the matter without court intervention but “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. She also requests that “no recording or listening devices [be] in or around” the property during her visit.

Phypers filed for divorce from Richards in July after six years of marriage. The following week, Richards accused him of repeated abuse throughout their relationship, allegations he denies.

“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.

She continued, “Aaron regularly threatened to ‘break my jaw’ and would cry, beg me to stay, and promise to get help — none of which ever happened,” adding that Phypers allegedly “has caused me at least three concussions.”

Phypers responded, stating: “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.”