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Malibuflyworld · Jul 12, 2012, 05:59 PM

I have been living in a home in CA for 6months. I have Never had a written agreement. It was a romantic relationship at first his second home for me to use as I pleased. For the first month I visited the home as I wanted. Then I moved in completely. It became clear I was one of many woman and we stopped romance but I stayed in home for three more months -with no question to vacate- I was informed one month ago to vacate immediately I and I asked for thirty days which was granted.(after being called horrible names) none of this was written on paper(unless texting counted). Few things to note--there is a personal assistant who has totally access to house and is large and intimidating. I have never had access to keys only garage door opener. I have a background in house management and contributed to home financially and with laborious hours supervising hired contractors. Also the house might not be under his name - it might be under his lover/business partners name who doesn't know about me. What is the best way to approach this and can I change the locks and security ? What about the assistant entering the home unasked? Do I say evict me? Or what is the procedure? Thanks!

ScottGem · Jul 12, 2012, 06:36 PM

You have no right to the house. You do have a right to a 30 day notice to vacate. If you refuse to leave you will be evicted.

AK lawyer · Jul 12, 2012, 06:51 PM

Originally Posted by Malibuflyworld

... I was informed one month ago to vacate immediately I and I asked for thirty days which was granted.(after being called horrible names) none of this was written on paper(unless texting counted). ...

The notice to quit was texted to you? I don't see why that wouldn't count as a written notice.

Originally Posted by Malibuflyworld

... What about the assistant entering the home unasked? ...

What about him? If you had a lease, that might be different. But this assistant came with the place. If you don't like it, move.

Malibuflyworld · Jul 12, 2012, 07:08 PM

30 days was never written. It was vebal and I never confirmed to the thirty days. I spend over 10k to relocate. I have placed over 1k into house to fix things ei garage, audio system -plus hired and managed staff in the house...

AK lawyer · Jul 12, 2012, 07:17 PM

Originally Posted by Malibuflyworld

30 days was never written. It was vebal and I never confirmed to the thirty days. I spend over 10k to relocate. I have placed over 1k into house to fix things ei garage, audio system -plus hired and managed staff in the house...

It must be nice to have money to throw away like that.

ballengerb1 · Jul 12, 2012, 08:18 PM

No matter what your put into the house there is no agreement or lease so your investment is not your property to get back. Texting does not count as a notice to quit, he should send it by certfied mail. If he does not give you written notice you do not have to vacate, legally. Guide for Landlords

Malibuflyworld · Jul 12, 2012, 09:24 PM

Originally Posted by ballengerb1

No matter what your put into the house there is no agreement or lease so your investment is not your property to get back. Texting does not count as a notice to quit, he should send it by certfied mail. If he does not give you written notice you do not have to vacate, legally. Guidefor Landlords

Thank you. I am speaking with lawyers tomorrow. I'm experiencing ethical confusion obviously and want to do the right thing --whatever that maybe-- calm and in clarity.

ScottGem · Jul 13, 2012, 03:28 AM

Originally Posted by Malibuflyworld

30 days was never written. It was vebal and I never confirmed to the thirty days. I spend over 10k to relocate. I have placed over 1k into house to fix things ei garage, audio system -plus hired and managed staff in the house...

If you had refused to leave and fought an eviction on the grounds that you didn't get 30 days written notice, you probably would have won. In which case, the owner would have given you the written notice before you left the courthouse so all you would have bought was some time.

But you decided to leave and once you moved out the nature of the notice was moot. Whatever was spent on relocation would have had to have been spent anyway because you would have had to remove.

Whatever you spent on on the house was your choice and without any agreements for reimbursement is your loss. You never said whether you paid rent, if you didn't whatever work you did to manage the house was compensated by the free living quarters. If you were not hired to do the management, then you volunteered your services.

Sure speak to lawyers. I will be curious as to what they say. But I see nothing here that comes even close to your having grounds to do anything legal about it. Definitely no grounds for reimbursement.

Malibuflyworld · Jul 13, 2012, 12:01 PM

Originally Posted by ScottGem

If you had refused to leave and fought an eviction on the grounds that you didn't get 30 days written notice, you probably would have won. In which case, the owner would have given you the written notice before you left the courthouse so all you would have bought was some time.

But you decided to leave and once you moved out the nature of the notice was moot. Whatever was spent on relocation would have had to have been spent anyway because you would have had to remove.

Whatever you spent on on the house was your choice and without any agreements for reimbursement is your loss. You never said whether you paid rent, if you didn't whatever work you did to manage the house was compensated by the free living quarters. If you were not hired to do the management, then you volunteered your services.

Sure speak to lawyers. I will be curious as to what they say. But I see nothing here that comes even close to your having grounds to do anything legal about it. Definitely no grounds for reimbursement.

I currently live in the home. I am not pushing for pay but ca law might grant backpay due to my work history. I am waiting for house to default so I can buy the note and have smooth change of hands.they foreclose regularly.

ScottGem · Jul 13, 2012, 12:22 PM

I guess I misunderstood. The $10K in relocation costs was for you to move in? I see no reason for you to recover that.

But the fact remains that he can give you 30 days written notice to vacate. If he does, then you have to vacate or face eviction. I don't see anything that could prevent that.

As for foreclosure, it takes a lot longer to foreclose then to evict. Also a foreclosure auction can be bid on by anyone. The bank could allow you to buy the property without an auction but that is rare.

AK lawyer · Jul 13, 2012, 12:34 PM

Originally Posted by ballengerb1

...Texting does not count as a notice to quit, he should send it by certfied mail. ... Guide for Landlords

I don't see that in the site to which you linked. Strictly speaking, electronically transmitted text is "writing". I would bet that the legislature has not got around to addressing the issue in the statutes. But if LL were to send tenant a telegraph message (assuming telegraphs are still available), I bet that would count as "in writing". I don't think there is a significant difference.

Malibuflyworld · Jul 13, 2012, 01:12 PM

My fear is that he is going to try to intimidate me or strong hold me because I am 'a girl'. What is the procedure of this process?
Does the 30day notice have to be written on paper and delivered? I want to sent the first notice and make it known I am supported legally.--how would I do this?

((((Originally he called -made a bs story abut renters moving in ASAP- I asked for 30-60 days he went off and then said she 30days and a lawyer will drop something off... but all he did was call to confirm I would leave. I never confirmed.
I sent him an email stating I required two more months in house to relocate is difficult and offer three reasons how I contribute to home and what more can be done to ease his financial burden to house.
His response was that his assistant was moving in--another lie. )))

Malibuflyworld · Jul 13, 2012, 01:19 PM

Originally Posted by AK lawyer

I don't see that in the site to which you linked. Strictly speaking, electronically transmitted text is "writing". I would bet that the legislature has not got around to addressing the issue in the statutes. But if LL were to send tenant a telegraph message (assuming telegraphs are still available), I bet that would count as "in writing". I don't think there is a significant difference.

The text was him being an a**hle and me requesting 30-60 days. He said no. And then I called him and it was a verbal yes.

He stated he would have laywer send a document over. And never did.

Three weeks after the verbal yes. I sent him an email requesting more time and offering three reasons I am/have been an asset to the house and offered to follow up on the financiers I connected him with.

His response was-the assistant is moving in.(lie)

He will absolutely try to stronghold me. How can I proceed to let it be known I want to go down the 30day route plus eviction.(I want to buy myself 90days in house) and that I have strong legal backing supporting me.

ScottGem · Jul 13, 2012, 01:35 PM

Originally Posted by Malibuflyworld

How can I proceed to let it be known I want to go down the 30day route plus eviction.(I want to buy myself 90days in house) and that I have strong legal backing supporting me.

The problem is you don't have strong legal backing. The fact is that he cannot start eviction proceedings until he gives you 30 days written notice. But once he does, and you refuse to vacate by the 30th day, then he goes to court and gets an eviction order. This can take maybe a week maybe more.

There is another issue here. If you have been "working" as a live in manager of the house for free or reduced rent, then he could terminate your employment and if you refuse to leave immediately, have you removed as a trespasser.

AK lawyer · Jul 13, 2012, 02:31 PM

Originally Posted by Malibuflyworld

The text was him being an a**hle and me requesting 30-60 days. He said no. And then I called him and it was a verbal yes.

He stated he would have laywer send a document over. And never did.

Three weeks after the verbal yes. I sent him an email requesting more time and offering three reasons I am/have been an asset to the house and offered to follow up on the financiers I connected him with.

His response was-the assistant is moving in.(lie)

He will absolutely try to stronghold me. How can I proceed to let it be known I want to go down the 30day route plus eviction.(I want to buy myself 90days in house) and that I have strong legal backing supporting me.

I don't see that he gave you a 30-day notice to quit, electronically or otherwise. He is going to have to give you a written notice with the applicable time stated (30 days or whatever) before he can evict you.

Malibuflyworld · Jul 13, 2012, 03:04 PM

Originally Posted by ScottGem

There is another issue here. If you have been "working" as a live in manager of the house for free or reduced rent, then he could terminate your employment and if you refuse to leave immediately, have you removed as a trespasser.

We have no work agreement and he has never acknowledged or reimbursed me for any of the fix-it costs I have in cured. Which I am fine with.

Can I be a trespasser if we never had a rental agreement? If I receive mail at the house and change the locks(lock changing is legal in CA by tenents)?

Thank you for your continuous very helpful replys.

ScottGem · Jul 13, 2012, 03:48 PM

You can change the locks as long as you give the owner a copy of the key. You can't lock out the owner. So I see no reason the change the locks.

Ok if there is no way you could be considered an employee then you are a resident and need to be treated as a tenant. So you are back to he needs to give you a 30 day vacate notice in writing.