Legal Question in Landlord & Tenant Law in California

Well, if they're divorcing, then one of them will be moving out...presumably. If the property is not governed by a rent-control ordinance, then you may evict one or the other, or both by serving a proper notice to quit. If the less desirable tenant intends to remain in possession, then you may evict that person, provided the grounds for eviction are valid.

If you wish to initiate an eviction before a separation of the parties, or before a divorce is final, then you may begin an eviction action against the less desirable tenant. I would note, however, that an eviction against one but not the other may spark some bad feelings between the spouses which may involve you in a manner of playing favorites. Be careful, and good luck.

You have been given completely wrong information by Mr. Iadevaia. First off, you have no right to evict either of them just because they are getting a divorce. You must have independent valid grounds for eviction based on non-payment of rent or other non-curable breach of the lease. If you do have grounds for eviction you cannot evict just one. In fact eviction proceedings must be against all adult residents known, or unknown and served on all adults present in the rental premises. If you do not have grounds for eviction, then your only option is to terminate the lease pursuant to its terms. If it is a lease for a specified period of time, you can only remove them when that time is up, and make sure you follow any notice requirements in the lease. If it is a month-to-month tenancy, then you may terminate the rental agreement by giving thirty-days notice if they have lived there less than a year, and sixty-days notice if they have lived there over a year. The good news is that whether you evict them or remove them by notice at the end of a rental term, you are free to rent it back to either one of them after that, if they still want to live there.