Adding Girlfriend To Lease In Contra Costa
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FAQ
You cannot be removed without proper notice and court order. So in summary - you are legally entitled to at least 7 days written notice, and the additional 2 weeks you've requested for packing/moving is reasonable for a 10 year relationship.
What usually happens is that one or both parties moves out. The one that remains retains the lease and the one who leaves is quits (absent a prior contractual arrangement). If both leave, the lease is dissolved (ing to the terms of the lease arrangement).
She can evict you once she goes through the legal process and gives you notice. She cannot simply physically eject you or change the locks, but she absolutely can go to court and remove you via court order.
In most cases, it is possible and easy to add someone to an existing lease if it's allowed by the landlord. However, the landlord will need to write a lease addendum or lease amendment to add new information to the lease that can protect all parties.
Even without a lease or any agreement, you have the rights of a month to month tenant simply by virtue of making your residence in her home. That means she can not evict you withiut 30 days notice that the "tenancy" is terminating.
They can still live with you without being on the lease, but they have no legal rights beyond that. They are just paying rent for a place to stay; they aren't living there as their primary residence.
Adding anyone to the lease will be a matter of the contract language and the permission of the landlord. Some lease agreements forbid sub-tenants or additional occupants. Some say nothing on the matter. Check the language of the agreement, talk to your mother, and your landlord.
The only way you would be entitled to a share of the home is if your name is on the title deeds or you can prove that you have acquired an interest in the property. You will also normally have no right to stay in the home long-term, unless you have a tenancy agreement or 'licence to occupy' granted by your partner.
Legally, all tenants do not have to be on a lease agreement in California. However, landlords should definitely consider including all tenants of legal age on the lease. There are some exceptions to this rule, though, depending on the situation of your tenant.
30-Day or 60-Day Notice: For month-to-month agreements, provide a 30-day notice if they've lived in the property for less than a year, or a 60-day notice if they've stayed longer. Notice to Vacate for Unlisted Occupants: For roommates not on the lease, use a general notice to vacate as the first step.
