Los Angeles, CA asked in Land Use & Zoning, Contracts, Real Estate Law and Landlord - Tenant for California

Q: Do you have same rights as a renter, if you are offered Free Rent in exchange for labor fixing the house up?

Ive been offered a house Free Rent just to fix it up. It has a lot wrong with it. Needs toilet, tub put in, new electrical box, trees trimmed, trash cleaned up cause homeless have been coming and going. All kinds of things. I was told that even after everything is fixed I could stay there rent free just keeping it up.

My concern is do i still have same right as a renter? I would hate to do all this work, get moved in then they just kick me out? I've asked them after its clean what would rent be? They said free just to upkeep it. House belongs to a old lady, who has no family around. She is relying on a friend to find someone to move in to fix it up and keep it up. So how does this work legally, and what do I need to protect my self, if I decide to take this offer. To insure I don't get tossed out as soon as I make the repairs and Invest my time? Thanks for advice. I've never rented legally before only from family. I'm in California.

2 Lawyer Answers
Manuel Alzamora Juarez
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Answered

A: I see this pattern a lot in my business. Here is some advice to protect you. write a contract for a nominal rent. Have the landlady agree that you will charge market fees and that she will pay for all supplies.

Each month tally your work and then deduct the nominal rent. If there is a labor balance you will carry on a credit for future rent.

As months go by and you finish the house repairs you will find that there is less and less to do and you will be deducting your rent from your labor credits. Once all your credits are done then you will live free as a maintenance person.

When the landlady passes to a better life, you should have a clause in your contract that you will remain in the house for three months rent free and then you will start paying the nominal rent until the heirs decide to evict you.

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I see this pattern a lot in my business. Here is some advice to protect you. write a contract for a nominal rent. Have the landlady agree that you will charge market fees and that she will pay for all supplies.

Each month tally your work and then deduct the nominal rent. If there is a labor balance you will carry on a credit for future rent.

As months go by and you finish the house repairs you will find that there is less and less to do and you will be deducting your rent from your labor credits. Once all your credits are done then you will live free as a maintenance person.

When the landlady passes to a better life, you should have a clause in your contract that you will remain in the house for three months rent free and then you will start paying the nominal rent until the heirs decide to evict you. Best of luck.

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