Legal Question in Landlord & Tenant Law in California
Relative in Ohio who owns Delano Calif.triplex{all vacant}called to offer me free logging in return for maintaining the grounds {labor only} and for security purposes { broken pipes roof leaks etc} Today he called to say he going to sell it and & gave me a 7 day notice. In the 2 yrs living here based on his promise to repay me,I have paid $6,147 on material approved by him for repairs to triplex {all labor free } and $3924 for his prop tax in Ohio {Nothing refunded} now he wants to replace 10yr old carpet in my apt before listing & wants to sell cheap & fast ?? Question: Am I entitled to a 60 day notice? Please Help me !
2 Answers from Attorneys
I would say that you are at least a tenant-at-will and as such entitled to a 30-day notice. You could argue that you are a tenant on a month-to month agreement and that you paid rent in the form of the services you provided. As a tenant, you would be entitled to a 60-day notice since you have been there for over a year. You would have to prove that there was an agreement regarding the services between you and the landlord which could be characterized as an agreement to pay rent in that form.
A thirty day notice is required if you are a tenant at will. A tenant at will is someone who occupies the property with the consent of and at the whim of the landlord. This is kind of muddled up because you mention that your occupancy was in exchange for work, which creates a periodic tenancy if the work can be considered rent.
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