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  1. #1
    Join Date
    Oct 2010
    Posts
    6

    Question Moving Out of Leased Condo

    My question involves a roommate in the State of: california

    i live in california... i've been living in a condo for many years and just this year i put my bf on the lease... we rent directly from the owner. things aren't going well, but when i mention him leaving, he says he has 90 days to move out... is this correct?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Moving Out of Leased Condo

    if he is on the lease, as a tenant, you have no right to demand he move at all. He has has much legal right to be in the condo you jointly rent with him as you do.

  3. #3
    Join Date
    Oct 2010
    Posts
    6

    Default Re: Moving Out of Leased Condo

    the lease we have is month to month... it doesn't have a date where it expires... so if we were to break up, he could stay as long as he wants??

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Moving Out of Leased Condo

    He could stay until the current lease is terminated. The hard part is terminating the lease and you ending up being the new tenant under a new lease without him. Hard for you to initiate an action that would result in that with any certainty.

    You could terminate the current lease by giving your LL the appropriate notice. The problem would be for you to remain in the unit continuously. You would also have to sign a new lease beginning after the termination of the current lease. That all sounds well and good until the BF doesn't move out at the end of this lease and has to be evicted. Since you currently share the lease, you would get evicted as well and be just as liable for any costs involved as well as having an eviction on your record.

  5. #5
    Join Date
    Oct 2010
    Posts
    6

    Default Re: Moving Out of Leased Condo

    i've lived here almost 7 years and the landlady loves that i'm here and doesn't want me to move... he just moved in a few years back but was legally put on the lease this year... she drew up a new lease to include his name...

    i've lived here alone for a long time prior to him moving in... so that's not a problem and i don't think i'd be left without a place to live.

    it's trying to get him to move his stuff out (which is barely anything at all)...

    so that's why i just would like to know legally, how much time he has to move everything out.

    i don't want to be here 6 months down the road and his stuff is still here if we are broken up. you know what i mean?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Moving Out of Leased Condo

    you are misunderstanding what I am saying. You cannot evict him, period. He is a tenant and has all the same legal rights to be in the unit as you. His stuff can remain there as long as the current lease is in force.

    The only way to make him move is to terminate the current lease and you sign a new lease with the landlord. If all works well, he would move and you would continue to live in the unit.


    That sounds great on paper but, and especially since he seems to want to give you problems, if he refuses to leave at the terminus of the current lease, the LL would have no option but to evict the both of you, even if they didn't want you to go. Since you are co-tenants, the eviction action would need to be against both of you.

    Then, if the guy remained after losing the eviction, the LL would have to have the sheriff come and remove the both of you. Obviously, the LL could allow you to turn around and walk right back in but still, since the eviction action was against both of you, the sheriff will have to abide by the court order and remove you as well as your BF.

    So, somebody (you or the LL or the BF) has to give notice of termination of the current lease. Then, with the intent the lease would be terminated at the day given, you can sign a new lease with the LL that starts the next day. If the BF moves out by the end of the notice period, you are all set to move on with life. If the guy refuses to leave, then the court actions begin.

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