California Employment Law

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does it come under real estate or employment law when a barter

Customer Question
for rent agreement goes bad...
does it come under real estate or employment law when a barter for rent agreement goes bad and the person paying with their work stops working but continues to live without paying or working in the house and how best does one collect for many months of housing provided but labor not performed now that tenant has left. There is a written agreement that does lay out the cash value to be worked or paid each month
Submitted: 5 years ago.Category: California Employment Law
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2/1/2012
California Employment Lawyer: Patrick, Esq., Lawyer replied 5 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,365
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to answer your question.

This type of situation implicates both lanlord/tenant law and employment law, but I'm sure that in itself does not address your concerns. Do you have a more specific question that you'd like me to answer? I am happy to help as best I can.
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Customer reply replied 5 years ago
Well yes, i guess that was the literal take on my question. The underlying one of course is what is the best course of action for collecting and what is the more powerful arguments and i guess how much does it have to be worth to make it worthwhile engaging a lawyer. It's more than the small claims limits.
I initiated eviction proceedings to set up a way of getting a judgement that way , but he moved out. I do know he is now well employed and though kind of a mess, the agreement between us is pretty clear as i read it fwiw. thanks for this and sorry for the delay. had a hard time figuring out how to sign back in and got busy.
California Employment Lawyer: Patrick, Esq., Lawyer replied 5 years ago
Thank you for getting back to me and don't worry about the delay.

If the claim is worth more than the small claims limits, it would likely interest an attorney on a contingency fee basis. If you don't know, a contingency fee arrangement is one in which the attorney receives a portion of the client's settlement or award as his payment, typically 1/3 of the total amount. If there is no recovery, the attorney does not get paid. The client never pays until the settlement or award is obtained (except perhaps to cover the filing costs for his claim).

Since this is no longer an eviction, you would not be entitled to the expedited litigation process available in eviction proceedings.

Ultimately, this would boil down to a breach of contract dispute that you would want to pursue in California Superior Court. If the total amount in dispute is less than $25,000, it would be a "limited" civil case, for which certain procedural rules apply that will make it easier and quicker to resolve your claim.

Essentially, you must allege that your former employee's breach of your agreement caused you to sustain damage as a result of your failure to rent out the unit he or she was occupying.

You will probably want an attorney to represent you in this matter.

For attorney referrals, visit this link: http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=CA or visit http://www.martindale.com On MartinDale, you can search attorneys by their practice area, which many people find useful.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.
Patrick, Esq.
Category: California Employment Law
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