View Full Version : Guests versus tenants
lesron
Mar 6, 2010, 08:13 AM
My brother is joint-tenancy owner of my father's house. My father has passed away and we now want to rent or sell the house. Do we have to give notice to our step-mother to vacate? If so, how much notice? The house is in California.
AK lawyer
Mar 6, 2010, 09:20 AM
... Do we have to give notice to our step-mother to vacate? If so, how much notice? The house is in California.
Yes you do.
She would have a tenancy at will, so the required notice would be 30 days.
CA Codes (civ:789-793) (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=00001-01000&file=789-793)
LisaB4657
Mar 6, 2010, 09:21 AM
If she's been living there longer than 2 years then the required notice would be 60 days.
Fr_Chuck
Mar 6, 2010, 09:35 AM
Also has the home cleared probate, and has she contested the will in any way.
LisaB4657
Mar 6, 2010, 09:38 AM
If the property was owned by the father and brother as joint tenants then probate and a will shouldn't matter.