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    katbrat4's Avatar
    katbrat4 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Oct 11, 2006, 02:39 AM
    Landlord or employment law?
    If I have answered an add for a live in position to do housekeeing duties in exchange for room and board would I need to look into labor laws or tenant laws. This man has told me I need to move in 5 days out of No where, because his mother is moving in. I live in Calif.
    I uprooted from a living situation to take this job.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Oct 11, 2006, 05:12 AM
    Hello kat:

    He has two choices. He can evict you as a tenant, or he can call the cops to put you out as a trespasser. I think you're an employee and not a tenant. However, if it came to actually putting you out, I believe the cops would consider you a tenant. I think they would be wrong, but I don't think they would put you out - certainly not in California. That's to your advantage.

    Plus, the time frame works to your advantage too. Tell him, that he must give you 30 days notice, and that you will NOT leave before then. BUT, that if he gives you relocation money and severance pay, you WILL leave in 5 days.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Oct 11, 2006, 06:11 AM
    I agree and disagee with excon here. I think its clear you are an employee, not a tenant. Therefore your ability to occupy the premises is dependent on the employment. I don't think the cops would consider you a tenant.

    However, I don't think they will remove you precipitously either. My question is whether you have any contract or other written arrangement. If not, you were very foolish to uproot yourself. Another factor here is how long you were in this position.

    I think you need to consult an attorney, but I also think you will have to move. You may, however, be able to either delay the move until you can find somewhere else to live or you can get compensation from this person that will pay for someplace for you to stay until you can find another situation.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Oct 11, 2006, 06:44 AM
    Hello Scott:

    I don't think we disagree. It's a matter of semantics.

    Quote Originally Posted by ScottGem
    I agree and disagee with excon here. I don't think the cops would consider you a tenant.

    However, I don't think they will remove you precipitously either.
    We agree, they would not. To me, however, in a cops pea brain, the only way he could justify leaving a trespasser in the residence she is trespassing upon, would be if he changed the facts to fit the outcome he wants. Cops do that ALL the time.

    Ergo - I think the cops WOULD consider her a tenant.

    excon
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