[philrich]

I have a home in San Diego County and have had a caretaker there for the past year and now need them to leave. The only agreement was for them to take care of the premises by living there since it was unoccupied. I was concerned about vandalism. I have discovered that they have not taken very good care of the property and now want to rent it out in order to collect rent.

I have not seen a case like this where a caretaker was not paid a salary but rather lived there for free. I even paid the utilities while they lived there. What is the proper procedure for getting them out? Do I need to serve them with a 3 day pay or quite or is there a simpler process since they have not paid any money, nor have I asked them to pay for anything.

Please advise.

[ScottGem]

The problem, and your mistake, was not getting things in writing. You claim he was an employee bartering caretaking for rent. He can claim he is a resident.

My advice is to give him a written notice to vacate within 30 days. If he doesn't then file for eviction.

But you may have tax issue over the value of the barter.

[AK lawyer]

... Do I need to serve them with a 3 day pay or quite ...

I believe you could only use a 3-day pay-or-quit notice if they owe you rent, which they do not. I believe, as ScottGem has told you, you will have to give them a 30-day notice to quit.

... But you may have tax issue over the value of the barter.

I don't think that would be a problem. No income; no expense.