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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.