Legal Question in Real Estate Law in California

Real Estate Property

I have an oral agreement between a 'friend' to use her outdoor enclosure to secure several homeless cats until they can be adopted. They have been there six months. Now she has given me a deadline to have all of them off her property by January 31st.

As of this writing, I have nowhere else to take them. My own house is very small and my garage is not big enough as I must park my and my room-mate's car in there. So that is out of the question. I have tried adoption services etc. but am having no luck. I have spent up to $3,000 to spay/neuter these cats and feeding etc. I don't want to just release them back into a possible dangerous situation of being outside.

Anyway, my question, do I have any rights in my favor in this situation?

There has been no rent paid or agreed upon.

Please help as this situation with the 'friend' has me at my wit's end and am being extremely stressed because of it. I just don't know what to do anymore. I have no help in this at all.

We are not speaking except by hateful emails...she just makes my blood boil!

Anyway, I am looking for a legal way out of this as she has threatened to have me arrested for trespassing if I and my cats aren't off her property by the 31st.

Peaches


Asked on 1/13/09, 10:32 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Real Estate Property

An agreement like this is probably not going to be enforced. It can't be a valid rental or lease, as no legal consideration was given (you aren't paying rent). Most likely, your agreement amounts to a license, for which consideration is unnecessary; but unfortunately for you, license agreement can be canceled at any time (usually, at least) by the licensor (neighbor). Try the SPCA, Humane Society, or equivalent.

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Answered on 1/14/09, 12:45 am


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