California Apartment Association

Legal Q&A: Restraining order prevents wife from living in unit

Question: A husband, wife and three children reside in an apartment. The husband was granted a restraining order, preventing the wife from living in the unit. The wife is now requesting a copy of the lease. Should we officially remove her name?

Answer: No, but you should give her a copy of the lease. You should also have a copy of the restraining order and, if accurate, not allow her access to the unit.

Question:  Our tenant, who has lived there for more than one year, is on a month-to-month term, and the house he is renting has been listed for sale. We understand that when a property is being sold, the 60-day notice of termination of tenancy is not required and that a 30-day notice is permitted once an escrow is opened. Is that correct?

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