My husband and I are getting divorced. He has moved out and I am in the house with our daughter. I would like to get a roommate, but my ex's father (his and my name are both on the mortgage, but financially he is the true owner. He is out of state.) is concerned that CA's renters rights would make it prohibitively difficult (and expensive) to evict, should that become necessary. Would a roommate be considered a tenant or subtenant? Is eviction commonly necessary? Does a month-to-month lease offer more protection for the owner/landlord?
Thank you in advance for your help!
It would be a lot easier to guide you after asking a bunch of questions, but here goes. Yes, it can be expensive to evict someone, but it is also possible to minimize risk by vetting people thoroughly and doing a monthly rental agreement.
The real problem is that roommate deals rarely work. They are enormously risky. In the context you describe, I would highly recommend you avoid it. Better to move out and seek compensation from husband for new place. In fact, your question should be asked in the framework of your divorce.
Consult directly with both your family law attorney and a real estate lawyer before getting a roommate. Please.
A roommate is not necessarily a bad thing, if you do your homework and have an attorney prepare a strong lease, etc. You also need to make sure that the property is not rent controlled. Evictions happen, but most housing issues can be worked out without that happening. Best wishes.
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