Legal Question in Real Estate Law in California
Can my landlord/parents serve a 30 day move out notice to only my husband?
My husband and I rent a condo from my parents. I want to separate from my husband and have asked him to move out. He refuses. My parents are prepared to give us a 30 day notice if necessary to remove him from the condo. Can the notice be served only to him so I can remain in the condo? Or will I have to move out also?
3 Answers from Attorneys
Re: Can my landlord/parents serve a 30 day move out notice to only my husband?
An eviction can be done. Pleae contact our office at 714 363 0220 and we can explain the process to you.
Re: Can my landlord/parents serve a 30 day move out notice to only my husband?
I'm not sure whether this is a case of your parents wanting to help you or whether they want both of you out.
In any event, you don't say whether it's month-to-month or there is a lease.
If your parents want him out but are willing to let you remain, and it's a month-to-month tenancy, they can give you both a 30-day notice (60-day in some circumstances) and then when you're both lawfully evicted, they can re-rent to you alone, thus accomplishing the objective.
Since they are apparently "amateur" landlords, it would be a good idea for them to use a lawyer or an eviction service to carry out the process.
Re: Can my landlord/parents serve a 30 day move out notice to only my husband?
The cleanest way is for them to terminate the lease as to both of you and to then enter into a lease with you alone.
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