What to do if I live rent free in a like-kind arrangement as a nanny to his children but the homeowner is currently evicting me?

The homeowner owes me approximately $1000 for carpet removal, tile installation and painting of the dining room and laundry room of his home. The homeowner and I had verbally agreed several times upon an annual stipend of $1200 for each year I stayed in his home.Is this something I should use as a counterclaim in the eviction hearing? Or should I file my own small-claims suit?

Asked on August 20, 2012 under Real Estate Law, Michigan


Malik Ahmad / Law Office of Malik Ahmad

Answered 8 years ago | Contributor

I don't know why an eviction hearing is conducted. An eviction hearing is only between landlord and tenant. Did you sign a lease with your landlord. You can't be a tenant and employee (nanny) at the same time? Here, you are an employee/employer. Anyway, you can state your case, but probably you have no defense in eviction but you can file a small claim case based on breach of contract or services renders. In other words, unlawful enrichment. Also, if you are legal in US and legally entitled to work, you can file a claim to the labor commissioner of your jurisdiction. Once you filed it, you don't need to do anything, and there is no charge for filing or any inquiry. Again, I suggest talk to a local attorney because many facts can be different inyour jurisdiction.

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