Legal Question in Real Estate Law in California

Told to Vacate the premises

On the 8th of July I was told by the daughter of the owners who I am care giving, to start looking now for another place to live, in the next 2 to 3 weeks.

Isn't she required to give me a 30-day written notice to vacate which begins on the date I receive it? I don't receive any pay for giving them their meds now and for taking care of them fulltime from Dec '08 thru March '09 while the daughter was gone. I was initially told by the eldest son that I was living there in trade for giving them their meds.


Asked on 7/10/09, 5:39 am

3 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Told to Vacate the premises

You are probably entitled to 30 days' notice. I believe 60 days' notice is required once you have lived someplace for more than a year.

Politely explain that the law allows you 30 (or 60) days and let them know the date you propose to be out.

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Answered on 7/10/09, 1:05 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Told to Vacate the premises

I disagree with Mr. Berger. I think you are an employee, not a tenant, and must vacate promptly upon being dismissed from the employment. Sorry.

This answer is based on no specific research, but I have researched the issue of apartment managers getting free housing in exchange for doing the management duties, and they do not have the rights of a tenant, and I think your situation is legally very similar.

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Answered on 7/10/09, 1:10 pm
Terry A. Nelson Nelson & Lawless

Re: Told to Vacate the premises

You can work it out by agreement among yourselves, or you can fight over it and spend unnecessary attorney fees doing so. You WILL leave at some point soon, so tell them when, and end the dispute.

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Answered on 7/10/09, 1:31 pm


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