Legal Question in Landlord & Tenant Law in California
Landlord wants to inhabit unit.
My landlord has informed my
neighbor that she and her husband
are getting a divorce. They co-own
our property together. They have told
my neighbor that he has to move
because the (soon-to-be) ex wife will
be moving into his apartment. Do
they have a Legal right to do this? If
so, how much notice is required? Is
he allowed to refuse their request?
We live in Orange County, California.
1 Answer from Attorneys
Re: Landlord wants to inhabit unit.
Unless your neighbor has a lease with a term of longer than month-to-month, then the answer is yes, the landlord can terminate a tenant's tenancy on as little as 30 day's notice. So, if your neighbor has lived in the apartment for less than 1 year, the landlord need only give your neighbor 30 days notice. If, on the other hand, the neighbor has lived there 1 year or more, then they must give your neighbor 60 days notice. In either case, they do not have to express any reason whatsoever for terminating the tenancy. Without a lease, your neighbor is on a month-to-month tenancy, and literally rents the apartment on a monthly basis, meaning the landlord or your neighbor can terminate the tenancy at virtually any point without reason. It might not seem fair, but that is the downside (as a tenant) of not getting a long term lease from the landlord. If your neighbor has a lease with a term remaining, then the landlord cannot terminate that lease early without the neighbor's consent.
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