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  1. #1
    Join Date
    Jun 2011
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    5

    Default 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?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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?

  3. #3
    Join Date
    Jun 2011
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    5

    Default 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.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default 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?

  5. #5
    Join Date
    Jun 2011
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    5

    Default 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.

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Eviction with No Rental Agreement

    was this a family situation?

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