How much notice to vacate must a tenant be given who is on a lease?

We own a house and my daughter lives there and goes to college. About 5 months ago we rented a room out with house privileges, on a 6 month lease. Today there was a brake-in. Now my daughter is afraid to live there and has asked my husband to move-in on the days thathe’s working in her town (4 days a week and commutes to our home 3 days a week). Can he move in? Is it legal? What kind of notice do we give the tenant?

Asked on August 13, 2012 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A lease in a contract and you can not violate the terms of the contract.  You are obligated to the tenant and they can continue to live there until their lease ends except for the reasons the law would allow you to evict: based upon a violation of the lease like failure to pay rent, etc.  You could offer to terminate the lease early and pay her moving costs but I would get any deal in writing.  Good luck. 

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