Legal Question in Landlord & Tenant Law in California

real estate

Divorce judge ordered my husband to sell our family home, Can I evict a person off the property who lives in a converted shed?


Asked on 6/06/09, 9:01 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: real estate

The one has nothing to do with the other. First, you should not have someone living in a converted shed, unless it has been inspected and approved by the local City or County as being a habitable residential unit. If not (and they do not have a term-lease), give them a 60 day notice to terminate their tenancy (or 30 days if they have lived there for less than 1 year), and do whatever you can to get them out earlier (by offering money to move or something to that effect). Your exposure for having someone live in an illegal residential unit is very significant. Now, that being said, if you are not on title to the property, and not in possession of the property, you probably don't have standing to evict anyone, and should leave that up to your husband (assuming he is on title and in possession).

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Answered on 6/08/09, 12:26 pm


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