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    lesron's Avatar
    lesron Posts: 1, Reputation: 1
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    #1

    Mar 6, 2010, 08:13 AM
    Guests versus tenants
    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 6, 2010, 09:20 AM
    Quote Originally Posted by lesron View Post
    ... 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)
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 6, 2010, 09:35 AM

    Also has the home cleared probate, and has she contested the will in any way.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    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.
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