Should I move out before filing for divorce?
Should I move out before filing for divorce?
In most situations, it is safest to try and stick it out in the marital home. You won’t lose access to your possessions and records, you have already lived with your spouse for however long and it will be a relatively short time until you can securely leave once the divorce is finalized.
Can someone live with me without being on the lease?
Yes, someone can live with the tenant without being on the lease. However, it is important to distinguish the difference between a guest and a long-term guest.
Do I have to add my boyfriend to my lease?
Simply put, you are not required to accept your landlord’s offer to put your boyfriend on the lease, but it may be the only way to legally establish his residence in the building. You don’t want to add your boyfriend to the lease.
What your landlord Cannot do?
A landlord cannot evict a tenant without an adequately obtained eviction notice and sufficient time. A landlord cannot retaliate against a tenant for a complaint. A landlord cannot forego completing necessary repairs or force a tenant to do their own repairs. A landlord cannot remove a tenant’s personal belongings.
What are tenants responsible for when moving out?
The landlord must return your security deposit within 21 days of your vacating the premises. He may keep all or part of your security deposit to cover costs associated with unpaid rent, cleaning the unit, repair for damages or the cost of replacing furniture — if the lease allows for it.
What is a hardship stay?
An eviction stay of execution due to hardship under CCP 918 in California may be granted if the tenant satisfies the court that extreme hardship would occur but for the temporary delay. A landlord should oppose the motion and specify why the stay would be prejudicial and harmful to the landlord.
Can I kick a friend out of my house?
If the person resides there- even without a lease- you will need to file formal eviction proceedings with your local district court in order to legally remove that person from your home.
How can I stop someone coming to my house?
You have a right to your privacy and should they ask tell them that you respect their privacy and you ask that they respect yours. If that doesn’t work it becomes harrassment and you can make a police report. If they don’t quit after the police report, take the report to the Judge and ask for a restraining order.
