My husband and I rent a home and he's having an affair and is trying to evict me and our kids can he do this?

Are you on the lease?

are you on the lease?

Yes but he has it but I can get another one

What do you mean he has it and you can get another one? The physical copy? That shouldn't matter. Your landlord should also have a copy. If you are both on the lease together then he cannot just evict you. The landlord would have to evict you. And just because your husband wants it done would not give your landlord a legal reason to evict you.

As just curious said, as long as you signed the lease, he can't evict you. You have an equal right to reside there.

But what you should be doing is filing for divorce. Doing that can result in him being the one to move out. Consult an attorney!

In California the answer is no, even if you are not on the lease.

Family Code Section 753 provides:

"Notwithstanding Section 752 and except as provided in Article
2 (commencing with Section 2045), Article 3 (commencing with Section
2047), or Article 4 (commencing with Section 2049) of Chapter 4 of
Part 1 of Division 6, neither spouse may be excluded from the other's
dwelling."