I am getting divorced and need my apartment to live in. Can I evict the tenant? am willing not to charge her rent for a month.?

Asked by sean682498, San Jose, CA Wed Apr 10, 2013

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Terri Vellios, Agent, Campbell, CA
Wed Apr 10, 2013
I'm sorry to hear about your situation.


Please review the link above on the law of eviction. It depends on the lease, and reason. If your tenant has a lease and has been paying on time and has not breached the lease, you do not have the right to evict the tenant just because you need a place to stay.

I advise you talk with an attorney before you get yourself into trouble.

Here is one resource for an attorney David Hammerslough 408-261-4252
Web Reference:  http://www.terrivellios.com
1 vote
Elena Talis, Broker, Palo Alto, CA
Wed Apr 10, 2013
It depends on the lease. If she is in a middle of a year lease you should talk to her and find out on which conditions she will agree to move. It is much easier if she is on month-to-month.
1 vote
Juliana Lee, Agent, Palo Alto, CA
Wed Apr 24, 2013
I'm sorry you are going through a divorce.

Eviction can be time consuming and unpleasant and requires that you have justification(not a need). You want to avoid that if possible. If you offer the tenants an incentive they may gladly move out before their lease is up. Normally a lease automatically converts to a month to month rental if a new lease is not signed. 30 days notice is normally all that is required to end a month to month rental.

Unfortunately your decisions can also affect spousal support rulings. If your divorce has or might have support battles you might want to move to your apartment so that you avoid a battle over rental income.

95121 real estate statistics are posted at

Good luck,

Juliana Lee
Top 2 agent nationwide at Keller Williams Realty
Cell: 650-857-1000

Over 30 years experience
Over 1,000 homes sold in Santa Clara and San Mateo Counties
Web Reference:  http://julianalee.com
0 votes
Jose Adame, Agent, San Jose, CA
Wed Apr 10, 2013
You can only evict a tenant if she is late on her rent payments. If she is on time on her payment they you have to give your tenant a 30 days notice or she has been rent your property for over a year or more then you must provide a 60 days notice.

You can offer your tenant an incentive stating that you are willing to wave this month's rent if she moves out by the end of the month (cash for keys).

Be careful while dealing with tenant and make sure you abide by California's tenants laws.

If you need further assistance feel free to send me an email to info@joseadame.com

Jose Adame
Real Estate Broker / Advisor

Ameriland Real Estate Services | 1754 Technology Dr., Suite 122 | San Jose, CA 95110
License ID: 01874707
Tel 408-315-6320 | Toll Free 888-700-3222 | Fax1 877-782-2394 | Fax2 408-273-6038
Web Reference:  http://www.SellSellfFast.com
0 votes
charles butt…, Agent, san jose, CA
Wed Apr 10, 2013
Thank you for your question:

The first question is whether or not your tenant has a lease or is a month to month tenant.

If your tenant has a lease, you must honor the terms of the lease.

If your tenant is month to month, in most jurisdictions all that is required is a 30 day notice to your tenant. However some jurisdictions do have other rules.

For more information you may reach me at my cell phone (408)509-6218.

Thank you,
Charles Butterfield MBA
Real Estate Broker/REALTOR
American Realty
Cell Phone: (408)509-6218
Fax: (408)269-3597
Email Address: charlesbutterfieldbkr@yahoo.com
0 votes
Nadim Aziz, Agent, Fort McDowell, AZ
Wed Apr 10, 2013
It will depend on your rental agreement. If you have a lease, then, no, you cannot evict them. If you have a month to month agreement, then you can give them appropriate notice to vacate. If you have a lease, and due to unfortunate circumstances, you may just approach the tenant and talk to them. Sometimes, they may agree to vacate earlier for certain concessions (I month free rent, some may ask for some money). Tenant has to agree to early termination of their own free will. But at the end of day, you have a legal contract with them (lease) and you cannot evict them/force them out of house because your personal circumstances have changed. Worse case, you will need to rent elsewhere and move in to your property when lease is up (In this case, make sure you give them appropriate notice that you are not renewing the lease and that they need to move out). Please note that I am not an attorney and if you need more specifics, you should contact an attorney.
0 votes
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