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LKEWON · Apr 20, 2011, 09:16 PM

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.

ScottGem · Apr 21, 2011, 04:16 AM

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.

joypulv · Apr 21, 2011, 05:49 AM

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.)

LisaB4657 · Apr 21, 2011, 06:39 AM

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.

excon · Apr 21, 2011, 08:45 AM

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

LKEWON · Apr 22, 2011, 02:04 PM

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.

LKEWON · Apr 22, 2011, 02:13 PM

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.

LKEWON · Apr 22, 2011, 02:17 PM

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.

LKEWON · Apr 22, 2011, 02:24 PM

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.

LisaB4657 · Apr 22, 2011, 02:28 PM

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 to read all about your rights and remedies.

ScottGem · Apr 22, 2011, 03:02 PM

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.

LKEWON · Apr 22, 2011, 03:18 PM

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?

ScottGem · Apr 22, 2011, 03:24 PM

Originally Posted by LKEWON

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

LKEWON · Apr 22, 2011, 03:58 PM

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?

ScottGem · Apr 22, 2011, 04:16 PM

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.

LKEWON · Apr 22, 2011, 05:36 PM

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

joypulv · Apr 23, 2011, 01:55 AM

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.

LKEWON · Apr 23, 2011, 02:41 AM

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.

JudyKayTee · Apr 23, 2011, 07:48 AM

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.

LisaB4657 · Apr 23, 2011, 08:32 AM

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.