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-   -   California roommate eviction (https://www.askmehelpdesk.com/showthread.php?t=557166)

  • Feb 23, 2011, 10:26 AM
    LKEWON
    California roommate eviction
    I have been living at the home of a friend for approx. 4 1/2 years. I was in the process of helping my friend with his home improvements when he got into trouble and was arrested. He was sentanced to one year in jail. Upon his request, i had agreed to take care of his home/pets/bills etc while he was doing his time. Prior to his incarceration, i expected he would leave instructions as to what his specific needs were. But nothing. I spent the entire year responsibly taking care of his home, finishing up home improvements, landscaping projects, interior decorating etc. i took care of his dog and cat and paid for them with my own money as he did not leave me any for them. I made sure his bills were paid out of his account and on and on. Anyway, i expected to be reimbursed when he came home from jail, however, again, nothing. He did allow me to continue to room at the house while i worked on additional improvements. I inquired how much he charged for rent and he would not tell me. I contributed to 1/2 of the utilities, provided the household supplies and groceries, continued to take care of the animals and pay for them as well as financed the major projects. I felt this would more than cover my rent had he charged me. We are not in a relationship, never have been, i have no interest. It's only been platonic as long as i've known him. Now 4 1/2 years later, his home is beautifully landscaped front and back, the interior is upgraded in every room and his dog is my best friend. The cat passed away a year ago. I never signed any contract and he just rented out one of the bedrooms for $500.00 a month. This gave me something to go by as far as comparables to what i had been contributing. Plus i maintained the interior and exterior as well.
    Now that his home is completed and i'm without a job, he has rented out the room i'm in for $350.00 a month and evicted me. I have spent 46,000.00 of time and money on his home and now he's telling me i need to take him to court if i want any of that. Any ideas or rights i may excerise on this. He has only verbally evicted me. Nothing is in writing.
  • Feb 23, 2011, 10:37 AM
    smoothy

    Why are you shouting?

    Caps lock key... PLEASE, turn it off.

    You really... really should have gotten something in writing beforehand. He really played you pretty good it appears.

    WIthout any written agreement its going to be dificult to prove he wanted or agreed to those expenditures. Clearly the only way you have a chance to collect anything it court... but court is going to take a lawyer and lawyers cost money, Being unemployed makes that unlikely you could afford it. However if you have records and reciepts hang on to them.

    Hopefully someone knows what the statute of limitations would be in this case... so maybe you have time to get that job and money before it becomes too late to try something.
  • Feb 23, 2011, 10:53 AM
    AK lawyer
    Quote:

    Originally Posted by LKEWON View Post
    ... HE ... EVICTED ME. ... HE HAS ONLY VERBALLY EVICTED ME. NOTHING IS IN WRITING.

    Eviction has a particular meaning in the law. It is a court proceeding.

    What you evidently mean to say is that he has asked you to leave. If he wants to force you out he will have to do two things:
    1. give you a written "notice to quit", requiring you to leave within a certain amount of time (usually 30 days or less); and, if you fail to do so,
    2. file suit against you asking for a court order directing the police to throw you out.

    Evidently you voluntarily left. If so, he doesn't need to evict you and you will have to file suit against him. Since you had nothing in writing, and as Smoothy said, it is quite possible that you may not be awarded anything for those expenses.
  • Feb 23, 2011, 10:59 AM
    AK lawyer
    Quote:

    Originally Posted by smoothy View Post
    ...
    Hopefully someone knows what the statute of limitations would be in this case. ...

    Two years;
    It appears.

    (In California),
    I warn ya.
  • Feb 23, 2011, 03:52 PM
    LKEWON
    Comment on AK lawyer's post
    Yes, thank you. I stand corrected. Thanks for your informatioin. I appreciate it very much. By the way, i live in california san diego, ca. if that makes a difference.
  • Feb 23, 2011, 03:55 PM
    LKEWON
    Comment on smoothy's post
    Sorry about the caps. It's easier for me to read. I didn't realize it's a shout.I apologize.
  • Feb 23, 2011, 05:52 PM
    smoothy

    Yes... in the online world Typing an all caps is known as shouting... and for most of us its actually far more dificult to read.

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