The homeowner of the house where I live in California has just served me a 30 day notice to quit. I have lived in the home for 5 years. During that time I have designed and remodeled the entire interior, including the kitchen and 3 bathrooms, I designed and landscaped both front and back yards of the exterior, as well as cleaning and maintaining the interior and exterior areas. During that time I have contributed to paying 1/2 of the utilities, (water,cable,internet,trash,gas,electric and sewer), contributed to purchasing all the household groceries and all household supplies, I also paid for all of the homeowners pet food and necessities, including taking care of the animals (a cat and a dog). To top it off I paid out of my pocket, keeping the receipts and logging everything for all materials & supplies while performing the labor myself on all home improvement projects. The homeowner suggested I pay for his personal home phone as well, but I had my own phone and didn't think it was fair. This was 4 years ago when he told me I didn't pay rent, I told him to let me know what rent chgs. Were and I'd stop doing all I was responsible for. He wouldn't ever tell me. I'm recently out of work and all the money I had went in to the home improvements of his house. He has a new roommate that moved in and another in waiting. Both males, they are to pay $500.00 each. Includes utilities and no household responsibilities or additional costs whatsoever. I gave the homeowner a copy of everything I had done the last 5 years and the total of what it cost me, then I compared those costs to had I been paying $500.00 a month rent instead. The difference was substantially in my favor. Not including the hours I put in to accomplish these projects and maintenance, he owes me approx. $31,000.00. He says he'll give me $500.00 if I move right away. His home is completed and absolutely beautiful. I don't want to make it easy for him to do this to me at such a bad time for me and without paying me. Does anyone have suggestions or advise. What's a girl to do? There is not any relationship issues with one another and never has been.

Sorry, but you have no rights here. I'm assuming you do not have a lease. Therefore, you are a month to month tenant. And can be asked to vacate with proper notice. If you don't, he can then file for an eviction order. If you want to take your chances in court with your proof of work, that's your only option. I doubt, however, if a court will be able to do anything. You were not forced to make the improvements. And you did not pay rent so even though you paid more than a rental would have cost, that's immaterial.

The only possibility would be if you had romantic relationship not just a roommate. You might be able to get something based on palimony.

I agree with the above, but I personally would tell him that you are going to pay the $75 Small Claims filing fee and sue for the maximum $7500, and also that you aren't going to leave until the day before the final day of the eviction process. Present it calmly because it's really a cold negotiation to up the ante to move out from 500 to 7500, and I would want 60 days. (Hoping for more in regular civil court would be expensive.)

California law requires that a tenant who has lived on the property for more than one year must be given 60 days advance written notice rather than 30 days.

Also, I disagree with ScottGem. I think that you would have some chance at getting reimbursed for some of what you spent on improvements but it won't be an easy process. If I were in your situation I would definitely file a claim for the maximum amount available in small claims court. The worst that can happen is that the judge will say no.

Hello L:

I'd even take it another step. If you spent $31,000 over the years, then he might not be intimidated by a piddly $7,500 law suit... However, a letter from an attorney threatening to sue for all $31,000 PLUS some for misc, MIGHT get his attention...

Please realize, this ISN'T about what's due, or what's right, or what's legal.. It's about NEGOTIATING the best deal you can get for yourself.

excon

Thank you Scott for your input. You are correct, I do not have a signed lease. However, we did do a lot together as friends. We also had our auto ins. Combined, (I paid for mine separately) so that he could take advantage of mulltple discounts, I had him on my auto ins as the only person allowed to drive my car, and also on on my AAA acct. so in case anything happened to his vehicle. For years he tried to get me in the sack but once our friends told him it was not going to happen, he finally accepted the idea. But at the same time, I think he knew all along what he was doing as far as making me pay for not sleeping with him and took advantage of my eperience in home improvements as he continued using me to do all the work around the house and once the work was completed wouldn't offer me an option to rent and told me he would pay someone to do the upkeep and maintenance that I had been doing. It's almost like discrimination, he won't pay me and won't rent me a room. Come back.

I like your suggestion. Honestly, I am not a vindictive person, I just hate to be taken advantage of and let him reap all the benefits while I'm out on my but because I wouldn't sleep with him.

Does this law require a signed lease? I can't find anything on no lease aggreements. I never signed one. Had I slept with the man, things would be different. But 5 years as a resident now, I should have some kind of rights.

I plan on it. But do I really have 60 days with no signed lease? I've only got a 30 day that says I must forfeit the rental agreement I don't even have.

You are not required to have a written lease in order to be entitled to a 60 day notice. As long as you've lived there for one year or more the landlord cannot terminate your tenancy on less than 60 days notice.

Go to Landlord/Tenant Book Index - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/index.shtml) to read all about your rights and remedies.

First, If you have follow-up questions or info, Please use the Answer options at the bottom of the page rather than Comments. No need to post a reply to each response individually.

Lisa is right about the 60 day notice. Forgot about that.

But whether you will be entitled to anything for your investment in the property is an iffy proposition. You may find a sympathetic court or you may not.

I'm a little confused when you said Lisa is right. OK, but forget about what? Should the homeowner have issued me a 60 day notice? The one he served me is in accordance with the provisions of civil code sec. 1946. Do you happen to kow what "And Does I through 10 inclusive" mean that is typed under the person who is being served name, which in this case is me?

I'm a little confused when you said Lisa is right. ok, but forget about what? Should the homeowner have issued me a 60 day notice? The one he served me is in accordance with the provisions of civil code sec. 1946. Do you happen to kow what "And Does I through 10 inclusive" mean that is typed under the person who is being served name, which in this case is me?

I meant I forgot about it. Yes they were required to give you a 60 day notice. See here: http://housing.ucsc.edu/cro/pdf/30-day.pdf

Again, Thank you Scott, I appreciate your time and for your informitve answers. If the homeowner has not served me appropriately is it up to me to inform him that he needs to serve me a 60 day notice or should I wait until the 30 is up and not do anything? Any suggestions on that?

That's a hard one. On the one hand, if his notice was not legal then it could be voided and he would have to serve you with a second, proper notice.

However, a court may just give you a 30 day extension.

Well, I can tell you this, he did not sign it. It is his name typed on the line. Does that make it legal?

You are dwelling on small stuff and not the big picture. You need to fight fire with fire, not whether a signature is or isn't present because it's typed, or whether notice wasn't correctly given as 30 days.
Decide whether to hire a lawyer or go to small claims. You can pay a lawyer a small sum (one hour's worth) for a 'lawyer letter' meant to show that you might go ahead with a full battle. It will generally be a sentence or two demanding X dollars.
The first thing I would do is present him in writing a note that he hasn't given proper notice, and an itemized bill for materials used in renovations.
Then I would drag out the eviction.
And meanwhile, make the decision about a lawyer or small claims. Small claims can be settled on paper without appearing. You will see the process if you file.

Thank you Oh Joypulv, that is exactly what I will do. I've giving him copies of all the work I've done along with before and after pictures, an itemized list of costs for each specific room or area, in addition to his pets expenses. However, since he never had to pay for anything, he has no idea what anything costs and doesn't want to see it or believe me. I do have proof and he will know soon enough. I'll follow your suggestion and mention the 60 day notice. At least it will by me a little more time. Thank you.

I'm chiming in late. First, "Lisa" IS an Attorney. Believe what she says.

I see several problems here. You cannot create a contract where none existed. I owned property. I heard the "but I increased the value of the property" argument all the time. If I didn't consent to pay for the "upgrades" either directly or by subtracting the cost from the rent I was not going to pay the tenant for the work. You cannot create a contract where none existed - particularly after the fact.

I don't understand why you stayed when the landlord was trying to get you to have sex with him for 5 years. This could be looked at as you taking advantage of his feelings, keeping his hopes alive. I would be very careful about using this argument.

Your relationship appears to have been a rather casual give and take on both sides, which is confusing.

At any rate - all you will lose is a filing fee and time if you take this matter to Small Claims Court. I just don't think you can convince the Court there was any sort of agreement to repay you for your work, time and out of pocket expenses in connection with upgrades and/or repairs.

And, again, you cannot simply create a contract at this point.

Judy, I agree with you about the contract issue. But very often a judge will not allow a landlord to be unjustly enriched at the expense of the tenant, particularly when the tenant has done nothing to violate the terms of the tenancy. It really does depend on which judge hears the case and their mood at the time.

I think the OP should definitely file a lawsuit in small claims for the value of the improvements up to the maximum jurisdiction of the court. The worst that can happen is that the judge will say no and the total cost of the suit will be minimal.

Both agree and disagree with you - with respect, of course. I heard the "unjust enrichment" argument when I owned property. As you say, a Judge will decide. In my case the fact that there was no agreement meant the tenant was not entitled to reimbursement, even though (in their eyes) the property was enriched. My argument was that the "improvements" were made for their benefit and enjoyment of my property.

My position is somewhat influenced by OP charging labor for these projects and maintenance/repair. I think my time is worth $200 an hour. No one else thinks so. Both sides let the situation "ride" for 5 years. I think that's a mistake that will be interpreted against the OP.

This is one of these where I would love to know what the final resolution is. Hopefully we'll find out.

As I said, with respect - and maybe this is more a topic for discussion on another Board.

EDIT: Specifically, one of my tenants removed shrubbery around a house, installed railroad ties and raised flower beds and planted perennials and annuals. Looked very nice - but required a lot of maintenance. This was not a benefit to me. Pretty much no maintenance turned into high maintenance. If the beds weren't kept it the property looked messy. Prior to the beds the shrubs were trimmed and mulched and that was it. I knew nothing about the "project" until I drove past the house.

KayTee, I welcome your input, thank you. I appreciate the situation you were put in. In this case however, the homeowner lives on the property, the neighbors appreciate the landscaping, the yard was debris and weeds and dirt and in 50 years never had a yard other than mentioned, and the yard is still drought tolerant. The homeowner was home and inspected it from day one. He had helped on occasion a little bit but got too worn out. Although the hours I put in over the 5 year period totaled just about 6,000, and if I felt the need to I would only charge him 1/2 of the $20.00 I make per hour, most of those hours were used in 2009 and 2010 specificlly on the landscaping. If the homeowner didn't want this to be done, he had plenty of opportunity to say so. He was always here. And never said a word. Except, looksgood, looks good. That project also inspired other people in the neighborhood to spruce up there yards. In my opinon a lot of good came out of the project, for other people to benefit.

If the homeowner didn't want this to be done, he had plenty of oppertunity to say so. He was always here. And never said a word. Except, looksgood, looks good. Hello L:

If I saw somebody improving MY property, I wouldn't say anything either... What's he supposed to say?? STOP making it nice?? He already KNEW that you wouldn't be paid for your work... There is NOTHING in your agreement that said you were... He couldn't IMAGINE that you would expect to be PAID for your services... What would prompt him to think so?? I think you're barking up the wrong tree.

excon

KayTee, I welcome your input, thank you. I appreciate the situation you were put in. In this case however, the homeowner lives on the property, the neighbors appreciate the landscaping, the yard was debris and weeds and dirt and in 50 years never had a yard other than mentioned, and the yard is still drought tolerant. The homeowner was home and inspected it from day one. He had helped on occasion a little bit but got too worn out. Although the hours I put in over the 5 year period totaled just about 6,000, and if I felt the need to I would only charge him 1/2 of the $20.00 I make per hour, most of those hours were used in 2009 and 2010 specificlly on the landscaping. If the homeowner didn't want this to be done, he had plenty of oppertunity to say so. He was always here. And never said a word. Except, looksgood, looks good. That project also inspired other people in the neighborhood to spruce up ther yards. In my opinon alot of good came out of the project, for other people to benifit.


Again - you cannot create a contract where none existed. From what I am reading he did not request the services you provided. There was no verbal contract because there very obviously was never a meeting of the minds on the details of the improvements/repairs. There was no verbal contract/agreement.

If you are willing to fix up my property without asking for repayment (and you didn't ask for a number of years) I'm going to assume it's a gift. I think the Court will agree with me.

Glad other people benefitted from the project. I hate to make it all about the money but I'm not a not-for-profit corporation. Let other people beautify their property for their own reasons, on their own dime. If you want to perform a public service, that's all well and good. Don't expect me to pay for it.

I don't think you're going to collect but, again, put it in suit and let's see how it plays out.

OK, I'm finally starting to get it. So, what I'm hearing is try to recoop any money, but good luck. Now does the same go for his pets that I have paid for all this time as well because of his neglect to take care of them?

I wouldn't press my luck with pets, at least not in court. At some point a judge will throw up his or her hands and say (as others here have said) that you willingly did all this as part of your enjoyment of the place, with no proof that any of it was part of a tenancy or personal agreement, or that you were duped.

OK, I'm finally starting to get it. So, what I'm hearing is Go ahead and try to recoop any money, but good luck. Now does the same go for his pets that I have paid for all this time as well because of his neglect to take care of them?


I trust this is tongue in cheek. You purchased pets for him? Then go to Court and claim them as yours. As long as they're not registered in his name you'll have no problems.

No, you can't get paid for him neglecting his pets. I'm assuming that you reported his neglect to the authorities so that the pets didn't have to live in dangerous or unhealthy conditions?

AGAIN - you cannot create a contract NOW because you feel like it. If there was no agreement for you to do X then, you cannot now argue there is an agreement. Simple as that.

No, I did not purchase the animals for him. His son gave him the dog because he could not care for him any longer. Shortly thereafter the homeowner was arrested and went to jail for a year. He had asked that I take care of everything at the house including his pets. At that time he was in the process of his home improvements. I had expected he leave me some instruction as to what was needed specifically, but once he was in jail, I had no contact with him. I gave him my word and kept it. Upon his release, he never showed interest in his pets so I continued to care for them. As well as everything else. I had also expected to be reimbursed for my expenses and still do.

I had also expected to be reimbursed for my expenses and still do.Hello again, L:

I also expected to have all my hair - still do. But, I didn't make a deal with anybody for that to happen. You didn't either.

excon

Out of greenies, but, yes, that sums it up. "Expected" and "agreed" are two different words - very different words, in fact.

The good news might be that now that dog expenses have been added to the bill the case is over the Small Claims Court limit and real Attorneys will be retained to give real advice and collect real money.

That's a tough one to swallow. A hard and expensive lesson learned. No wonder there are so few people who seem to care about anything anymore. I'm not out to get the guy, But I never said I'd do it for free either.

Then go to Court, present your proof, the terms of your verbal contract and let the Court decide.

If you never said you would do it for "free" and the other party agreed, both parties had a clear understanding, that's all you need to prevail.

Thank you JudyKayTee, I believe I will. Your advise and suggestions are much needed and appreciated.

Happy easter!

Let us know how it works out.

I will. Thank you again.