Legal Question in Landlord & Tenant Law in California

Landlord wants to inhabit unit.

My landlord has informed my

neighbor that she and her husband

are getting a divorce. They co-own

our property together. They have told

my neighbor that he has to move

because the (soon-to-be) ex wife will

be moving into his apartment. Do

they have a Legal right to do this? If

so, how much notice is required? Is

he allowed to refuse their request?

We live in Orange County, California.


Asked on 12/12/08, 5:03 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Landlord wants to inhabit unit.

Unless your neighbor has a lease with a term of longer than month-to-month, then the answer is yes, the landlord can terminate a tenant's tenancy on as little as 30 day's notice. So, if your neighbor has lived in the apartment for less than 1 year, the landlord need only give your neighbor 30 days notice. If, on the other hand, the neighbor has lived there 1 year or more, then they must give your neighbor 60 days notice. In either case, they do not have to express any reason whatsoever for terminating the tenancy. Without a lease, your neighbor is on a month-to-month tenancy, and literally rents the apartment on a monthly basis, meaning the landlord or your neighbor can terminate the tenancy at virtually any point without reason. It might not seem fair, but that is the downside (as a tenant) of not getting a long term lease from the landlord. If your neighbor has a lease with a term remaining, then the landlord cannot terminate that lease early without the neighbor's consent.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 12/12/08, 1:16 pm


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