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Richard, Attorney
Category: Family Law
Satisfied Customers: 53696
Experience:  Attorney with 29 years of experience.
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I live in California and my daughter and son in law rent a

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I live in California and my daughter and son in law rent a home I own and have for 3 years. My daughter wants a divorce but thinks she can not ask her husband to leave the house because he is on the rental agreement and it is a "marital home". This is a month to month agreement. I told her I would ask a lawyer what California law says about me rewriting the agreement. Can I indeed re-write the agreement or is this a "marital home"? I need specific legal codes to show her that I have the right to evict and re-rent the house to her. thank you.
Submitted: 3 months ago.
Category: Family Law
Expert:  Richard replied 3 months ago.

Hi Allyson. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 3 months ago.

If this is a month to month lease agreement, then you can terminate the lease agreement with proper notice. Proper notice in CA is 60 days written notice since they've been there one year or more. Just because they are married, doesn't give them the right to remain in a house they do not own when their tenancy is up and they have been given proper notice. If the do not leave voluntarily, under CA law, you will then need to give a 3-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still have not left, you will have to file an unlawful detainer petition for an eviction order. Once that is can have the sheriff evict. Once that is done, you have every legal right to re-lease the property to your daughter alone.

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