Legal Question in Landlord & Tenant Law in California

I do trade for rent. I work for my parents , I waslivng in their guest home, behind their home. There was an oral agreement made, now they have ordered me to move out, with one days notice. Is this legal and what do I do?


Asked on 7/30/10, 11:43 pm

1 Answer from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

an oral agreement could be enforced if the agreement could be performed in less than one year; ie, the term was possibly for less than one year. They key is to prove there was an agreement and prove the terms of the agreement. It comes down to "he said, she said" in front of the judge. If there was no agreement (proven) then there is no reason why they can not demand you move. If there was an agreement, but they feel you breached it, they would need to take an action called "unlawful detainer" that is used by landlords to force people out of leased premises when they have breached their agreement for, as an example, not paying rent. One day would probably not be considered reasonable, but you would have to question why just one day? Has there been a continuous feud over the issue? Are you doing something illegal in the guest house? Theses kinds of issues arise so you must think hard about why such a rush to get you out in order to have an effective argument as to why not.

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Answered on 8/05/10, 10:22 am


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