Legal Question in Landlord & Tenant Law in California

I'm going through a divorce and my husband will be granted the rental house we have and I will keep our primary residence, are we legally allowed to ask the renters to leave early so he can move in there? They have a verbal lease until may 2016.


Asked on 8/05/15, 12:03 pm

1 Answer from Attorneys

First off, you can ASK for anything other than asking someone to commit a crime. So you can always ask to negotiate an early move-out. As for whether you can make them move out, that depends on when the verbal lease started. A lease of more than a year is invalid if not in writing and signed by the parties. If the lease was for less than a year, or even exactly a year, then they have an enforceable lease that you cannot legally break.

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Answered on 8/05/15, 12:27 pm


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