Legal Question in Landlord & Tenant Law in California

If only one owner, signs a rental agreement with a tenant and the other owner does not want this agreement, is this agreement legal?

This is a married couple going thru divorce, one wants to sell, while the other wants to rent the house to a tenant.


Asked on 12/29/09, 5:31 pm

2 Answers from Attorneys

Melvin C. Belli The Belli Law Firm

Sounds like a mess. Ordinarily one owner could bind the other but if you know there is a disagreement then that is not possible. Best course of action is to get the owners to have their divorce court decide what to do because neither can make a binding decision at this point.

Good luck and I would probably find another place.

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Answered on 1/03/10, 6:06 pm

If there is a divorce pending and the petitioner has served the respondent both are under a standing order not to engage in any transactions regarding the marital property. The spouse who signed a lease with the tenant is in contempt of court. If the tenant did not know about the divorce, however, the lease may be binding. If the tenant knew that there was a pending divorce, an argument at least can be made that they were on inquiry notice as to whether or not the renting spouse had authority to do so. The non-renting spouse should haul the renting spouse into court ASAP on an OSC re: contempt of court and let the judge sort it out.

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Answered on 1/03/10, 6:40 pm


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