Tenant asks for her rent back but has no basis
Question: I owna duplex, live in one of the units and rent out the other unit. Since the tenant is living right next to us, we have adopted an extensive selection process.
Using this process, we picked an applicant and allowed her tomove into the unit after she gave us the first month’s rent and security deposit. Shewas supposed to sign a one-year lease, butwe never got around to that.
Instead, after four days she decided the arrangement would notwork for her, and she moved out without notice. She toldme that since she didn’t sign the lease and since she didn’t stay more than 30 days, the law says shewas not required to give notice. She then demanded thatwe return her rent and full deposit immediately. Is there such a law? Answer: There is no such law. Since this tenant never signed the lease, you probably will have difficulty enforcing it. But once she paid rent and moved in, she became a month-to-month tenant, regardless of the length of time she stayed in your house.
As a month-to-month tenant, she is required to give you a 30-day written notice of termination, and she is responsible for rent during that 30-day period, whether she stayed there or not. Based on this analysis, you are entitled to keep the first month’s rental payment you received.
The deposit protects you against any other losses, such as damage to your unit. You are required to account to her for the deposit within 21days after she physically vacated; and if there are no other losses, you should refund the full deposit within that time period. Contact your local mediation program for more information.
Caretakers can be kicked out
Question: I amthe family trustee formy elderly father. Heis in his 80s, and he insists on continuing to live in his home of 40-plus years. However, he has advanced arthritis, which means he needs some kind of live-in care.
I hired a caretaker two months ago whowas recommended by a family friend. I am now unhappy with the care she is giving my father. I don’t want tomake accusations, but Iwant to remove her as soon as possible. I am worried that I might get sued if I tell her to leave immediately. What are the rules in this situation? Answer: As a general rule, an adult who lives in a house or apartment with the permission of the owner for more than 30 days becomes a tenant. As a tenant, that person can be removed only pursuant to proper notice of termination of tenancy, and an eviction action in court— if there is no voluntary departure.
However, caretakers are one of the exceptions. Unless the caretaker has a separate, written rental agreement, he or she is an employee, not a tenant, and can be discharged without notice. However, there is still a dilemma if the caretaker fails to leave voluntarily after being discharged.
Technically, this person becomes a trespasser by remaining after being discharged, and if you find yourself in this situation you should check with your local police department to see if they will remove her.
Some police don’t like to get involved in what they consider a “civil” matter. If there is credible evidence that the caretaker has been abusing your father, you can apply to the local superior court for an elder abuse restraining order.
Many counties in California have restraining-order clinics or self-help centers that will help you with the paperwork if you have an appropriate case.
Every county also has an adult protective services agency thatwould respond to an abuse complaint. If none of these remedies work for you, your last resort may be to retain an eviction attorney to file an unlawful detainer lawsuit.
For more information, contact a local fair housing or mediation program, or Project Sentinel at (888) 324-7468, or visitwww.housing.org.