Legal Question in Landlord & Tenant Law in California

In 2012 my wife and I were separated and in the process of a legal separation. Friends of mine bought a house in August of 2012 specifically for me to live in with my kids while we were separated. Right after they bought the house for me and rented it to me exclusively (her name was not on it) with a one year lease my wife came back to the house and wanted to reconcile with me. The legal separation never made it to the judgement phase and stayed in limbo. The lease expired in 2013 and has been month to month since then. In March 2014 my wife went to the court house and filed a bunch of false charges on me alleging abuse against her and our kids which enabled her to get a restraining order on me and a move out order. She did all this under the legal separation case she started in 2012. So far the allegations on the children have been turned over and half the restraining order turned over on the children just based on the CFS investigation, I still have not been able to event have an evidence trial yet on the rest of the TRO. My friends/landlords are not happy with this and do not want to continue to have her in the house without me. They never intended her to live in the house without me as the primary occupant. They want to evict her as I have been removed from the house for 2 months now because of the move out order. The fear is that she will try to say the eviction/removal of her is discrimination. They just want her gone and for me, their intended tenant to be once again in the house as was our original agreement. How cam we make this possible quickly and without creating any extra issues for me in my TRO case if possible?

Sincerely,

Homeless Couch Surfer


Asked on 4/23/14, 6:52 pm

2 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

It is a month to month tenancy. Si they do not need a reason to ask her to vacate the house. Alk they need is proper notice and if she does not move they can evict her.

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Answered on 4/24/14, 11:34 am
Anthony Roach Law Office of Anthony A. Roach

If she pays rent to them she is a tenant. If she is a month to month tenant and has resided in the house for more than a year, then she has to be given 60 days notice to quit or be evicted. If she has resided less than a year, then she will have to be given 30 days notice. There does not have to be a reason given as long as the property is not a rent control zone.

If she does not pay rent to them and was allowed to live there with the landlord's consent, then she may be a tenant at will. In that situation, her tenancy is terminated with a 30 day notice.

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Answered on 4/24/14, 12:46 pm


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