Legal Question in Landlord & Tenant Law in California

My soon-to-be exhusband and I lived in a rental home for over 10 years which was month-to-month. I have moved out but a lot of my personal property is still in the home. I am ready to remove my property but he won't let me enter the house or the garage to get it. He wants to pack it himself and set it outside for me to pick up. I asked that we do a walk-through together so I can make sure everything of mine is out but he declined. Since I have not signed anything removing my name from the agreement (he may have tried to do this without me), do I still have rights to go in the home? Once I have removed my property, how do I remove my name from the agreement?


Asked on 6/02/11, 10:53 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You have a legal right, absent a move-out order from the Family Law Court, to enter the property. The problem, however, is that you may not be able to get the police or sheriff to enforce your right. They are extremely hesitant to get involved in domestic matters such as this, and will often tell you that you must get a Court order before they will force him to let you in the house. To remove your name from the agreement, you have to give 30 days notice to the landlord; however, that may not work if the ex-husband stays in the property. Again, you may have to get a Court order in the form of a QDRO to force the landlord to remove your name from the lease.

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Answered on 6/02/11, 3:16 pm


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