Los Angeles, CA asked in Employment Law and Landlord - Tenant for California

Q: I was a care giver for a month and a half and told she don't need one any more and I have a week to move what's the law

I was paid 400.00 a month and told to move in a week

2 Lawyer Answers
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you were living in your employer's home as a caregiver, you would likely be considered a "lodger" under California law. The legal requirements for evicting a lodger are less stringent than for a tenant with a formal lease.

Here are the key points:

1. Notice period: Your employer (the homeowner) is required to give you reasonable notice to move out. While the law doesn't specify an exact time frame, a week's notice might be considered reasonable, depending on the circumstances.

2. Employment termination: If your employment was terminated, the homeowner has the right to ask you to leave the premises, as your lodging was likely contingent upon your employment.

3. Rent payment: If you were not paying rent separately from your employment compensation, the homeowner may not be required to follow formal eviction procedures.

However, if you believe that your employer has violated any labor laws, such as not paying minimum wage or overtime, you can file a complaint with the California Labor Commissioner's Office.

It's important to note that every situation is unique, and the specific details of your arrangement with your employer may affect your legal rights. If you need further guidance or believe your rights have been violated, consider consulting with an attorney specializing in landlord-tenant law or employment law in California.

Brad S Kane
Brad S Kane
  • Los Angeles, CA
  • Licensed in California

A: Unless you were already a paying tenant before you were hired, the landlord can require you to leave in 3 days once your employment ends.

The good news is that you probably improperly paid. assuming you were working at City of Los Angeles (LA)'s minimum current wage of $17.28/hour and only working 8 hours per day, the employer owes you $5,806.08 minus the $400.00 paid. There is meals and lodging credit unless it is in a written agreement signed by you and even then it is less than $1,000 per month.

You likely have claims including but not limited to unpaid wages, liquidated damages equal to the unpaid minimum wage, waiting time penalties and possibly unpaid overtime.

You should speak with a knowledgeable employment lawyer about your potential claims.

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