Legal Question in Landlord & Tenant Law in California

I am a resident manager. My employment was terminated at-will. The employer says my family and I have to leave in 7 days, and that I am not a tenant. I paid nothing for the manager unit, not even utilities, and did not have to work for the unit in any way. My boss sent me this language from my agreement, that I signed, that says: The Caretaker Facility where the Employee must reside is provided for the benefit of the Property, at no cost to Employee, and is a company facility. Because the Caretaker Facility is not a �hired facility�, the Employee is not a tenant as defined in California Civil Code �1940(a). Employer, the party in legal possession of the Caretaker Facility, has entrusted the Employee with the possession of the Caretaker Facility because the Employer trusts the Employee. Employee agrees to not accept any form of consideration in exchange for the use, however brief, of any portion of the Caretaker Facility. The acceptance by Employee of consideration in any form in exchange for possession of any portion of the Caretaker Facility may deprive the Employer of use of the facility causing damage to the Employer. In the event the Employer is damaged by the Employee�s breach of this paragraph, the Employee may be in violation of, and subject to prosecution under, California Penal Code � 503, et. seq. In the event this employment is terminated, Employee shall surrender possession of the Caretaker Facility within 7 days after the employment is terminated.

Do I have any tenant rights at all?


Asked on 2/28/14, 3:29 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I don't agree that you are not a tenant, but you are not entitled to notice in such a situation, like a regular tenant would be. (See Civil Code section 1161, subd. (1.).) I think the employer would have to bring an unlawful detainer action against you, however, because your occupation as part of your employment is specifically described in that section.

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Answered on 3/01/14, 2:47 pm


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