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Eviction with No Rental Agreement

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  • 06-09-2011, 08:46 PM
    AScreen
    Eviction with No Rental Agreement
    My question involves landlord-tenant law in the State of: CA.
    A person was allowed to move in with a current resident, who is a renter herself, on the premise that he would become an in home support person. The current resident agreed to talk to her doctor and get the paperwork started. After a month the current resident did not continue with the paperwork to have an in home support person assigned to her. Her reasoning was that the person who moved in was not performing the tasks she expected to be done. The supposed in home support person has lived there a full 5 months. He has assisted in things around the home, ie cooking for the two of them, cleaning, yard work and running errands as well as buying groceries for the two of them with monies he got from recycling and odd jobs. The current resident presented the supposed in home support person with a 3 day or pay for rent and utilities. He, in turn has presented her with a bill for his services and time spent being available. She has now served the supposed in home support person with a 30 day notice. There is no rental agreement. She is trying to not only get money but kick him out NOW. What recourse does he have?
  • 06-09-2011, 09:01 PM
    jk
    Re: Eviction with No Rental Agreement
    I'm not sure of the intended relationship between the two parties. Was this support person being hired to perform whatever services agreed to and part of their compensation was allowing them to stay at the residence?

    Or was is simply a friend that was going to move into the residence and help the other party?
  • 06-09-2011, 09:05 PM
    AScreen
    Re: Eviction with No Rental Agreement
    The person who moved in with the current resident was allowed to move in on the premise that he would be added to the rental agreement once the current resident finished the paperwork to make him an in home support person. In which case he would be paid for his services by a service that employes in home support people. That income could then be used to assist with utilities and other things other than rent.
  • 06-09-2011, 09:10 PM
    jk
    Re: Eviction with No Rental Agreement
    that really didn't answer the question of whether they were to be an employee or just a friend helping out a friend. Was there to be some compensation for providing these services?

    was this support person supposed to share in the rent payments?
  • 06-09-2011, 09:18 PM
    AScreen
    Re: Eviction with No Rental Agreement
    The current resident was to pay the rent. She was not to pay the support person. He was to be paid by an agency for his services.
  • 06-09-2011, 09:43 PM
    jk
    Re: Eviction with No Rental Agreement
    was this a family situation?
  • 06-09-2011, 09:53 PM
    AScreen
    Re: Eviction with No Rental Agreement
    No. Neither are related to each other in any way.
  • 06-09-2011, 10:12 PM
    jk
    Re: Eviction with No Rental Agreement
    the only thing that doesn't make any sense is why the worker would be put on the lease. That makes it appear to be something other than an client/provider situation.

    If it is nothing more than a client/provider situation, room was predicated on the continued employment. As such, the provider was never a tenant and can be ordered to leave upon termination of the services. I'm not finding anything to support this at the moment but I do not believe they are required any notice to leave upon termination.

    If there was no agreement for the client to pay the support person, they would likely not owe them anything as there was never an employer/employee relationship established. The support person would have been working for whatever agency was paying them.


    So, while I believe a call to the police should get the person removed, something in the back of my head is telling me there is more to this and the cops will simply tell the person to file to evict them.
  • 06-09-2011, 11:19 PM
    AScreen
    Re: Eviction with No Rental Agreement
    Theres the rub, she never finished filling out the paperwork which would have given him a paying job. Not to mention more work in the same capacity elsewhere. He is not only out an income for assisting her but others as well. She feels she is owed monies from him since he did not do the things she believes he should have done, ie more housework as well as yard work, so that she could live a more leisurely life style.
    All agreements were verbal.
    She had printed a 30 day notice off the internet and has filled it out and given it to him. He has till the 5th of July to "just get out" as she says.
  • 06-10-2011, 06:55 AM
    jk
    Re: Eviction with No Rental Agreement
    Quote:

    He is not only out an income for assisting her but others as well.
    that is his fault and responsibility. If things were not going the way they were supposed to, he surely had the right to seek employment elsewhere. If he refused, it's on him.

    Quote:

    She feels she is owed monies from him since he did not do the things she believes he should have done, ie more housework as well as yard work, so that she could live a more leisurely life style.
    why would she ever be entitle to money? That was never part of the agreement.

    It sounds like she got some assistance and he got a place to live. Sounds like they simply need to part ways and be done with it.
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