If I’m listed as an occupant and not the tenant on a lease, can the landlord throw me out with no court order?

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If I’m listed as an occupant and not the tenant on a lease, can the landlord throw me out with no court order?

I am going through a divorce and my husband is trying to put me on the streets. He has told the landlord to evict me. I am not listed as a tenant, he is. However I am listed as an occupant on the lease. So does the 30 day notice plus an eviction from a judge be needed to throw me out or can the sheriff or landlord just throw my stuff out? I have been living here for about 8 months.

Asked on June 5, 2012 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As either a tenant or occupant you would have to be given a 30 day or 60 day notice (depending on how long you lived at the residence in question). If you did not remove yourself from the premises by the specified date stated in the notice, then your landlord would have to go to court for an "unlawful detainer" (i.e. eviction lawsuit).

However, since this is a divorce situation, things are different. No matter whose name is on the lease, at this point the rental is considered to be the "marital residence" and accordingly both parties have equal rights to occupy the premises. However all that can change if: a final divorce decree is issued and your husband is given possession rights; a legal separation agreement is executed and it gives him the exclusive use; or some sort of temporary order is issued (e.g. protective or stay away order) which calls for your removal. Unless any of these 3 situations are a factor, you have just has much right to stay on the premises as he does.

 


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