[Read this glossary entry on atharkhan.com](https://atharkhan.com/glossary/tenant/) A **tenant** is a person who rents or leases property from a [[Landlord|landlord]]. In a residential rental, the tenant has the right to occupy and use the rental premises under the rental agreement and applicable law. The right to possession is different from owning the property. ## In California Family Law Rental housing may become important when spouses separate or parents arrange new households. A [[Lease|lease]] and a [[Tenancy|tenancy]] concern rights and obligations involving the landlord; parenting arrangements are a separate issue. A custody schedule alone does not establish who is a party to a particular rental agreement. When a landlord seeks to remove a residential tenant, California's [[Eviction|eviction]] process generally requires notice and a court case. The [California Courts eviction guide](https://selfhelp.courts.ca.gov/eviction) explains that landlords cannot force tenants out by changing locks, shutting off utilities, or throwing out their belongings. The applicable notice, defenses, and protections depend on the circumstances; there is no single notice period for every tenancy. Special protections may apply when domestic violence or another qualifying act affects a tenant or a covered household or family member. [Civil Code section 1946.7](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.7.) provides a procedure for ending a tenancy with written notice and supporting documentation. Its conditions and rent-liability rules matter; it does not automatically release every other tenant from the lease. ## Example After separating, Morgan rents an apartment and signs a lease. Morgan is the tenant, and the owner renting out the apartment is the landlord. The lease governs that rental relationship even though Morgan is also working out a parenting schedule in family court.