How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Attorney
Category: Family Law
Satisfied Customers: 55319
Experience:  Attorney with 29 years of experience.
Type Your Family Law Question Here...
Richard is online now
A new question is answered every 9 seconds

I live in California and my daughter and son in law rent a

Customer Question

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: 1 year ago.
Category: Family Law
Expert:  Richard replied 1 year 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 1 year 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.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!