I have been working as an live in manager for an inn in California for over 6 years rent free.
I've been through multiple ownership changes. The current owners took over about a year ago. In January of this year, I asked to start taking one day off a week, I previously would work 7 days a week, 12-15 hours a day, and would take a month off once a year.
The owners agreed, and then asked if I could start paying rent as I would still be getting paid for the day off. The rent would be based on the 4 days off a month, about $700 before tax. I am on salary, I'm unsure if they're doing me a favor with that, but that's another issue. They offered to make a lease, and I agreed.
All of this was verbal, nothing in writing.
The reason I asked for 1 day off a week was because my at the time girlfriend, was going to visit me from another country for about 6 months starting in February.
About 3-4 months go by, no mention of rent.
I decide to propose to my girlfriend in late May, and we got married early June. We've been together in a long distance relationship for 7 years. Once we had gotten married, her and I start the process of immigration as she is not from the US. Our immigration attorney tells us we need proof of residence for my wife's case. I bring up the rent again to the owners of the inn. They tell me they are offering $1,200 a month for the rent, I'm surprised because of what we agreed to back in January. I feel put on the spot because we need proof of residence, so I negotiated with the owners down to $750, they agreed.
Still, nothing is in writing. The day comes where we need to meet with our immigration attorney to provide all the paperwork to file our case with the USCIS. I get a call from the owners of the inn, one of them telling me they are unable to make a lease/rental unit because the property/business type won't allow it, and because of issues with taxes that they don't want to deal with. We are extremely upset that they tell us this the day of meeting with our immigration attorney. The owners says he will contact our immigration attorney to see what he can provide as proof of residence. A few days later, he provides me with a employment, it states that I live on site as a manager for the in , and that my wife lives with me. Our immigration attorney okays the letter, adds it to our case and mails it off. Everything is now fine.
About a week later, the owners contact me asking if I can start paying for the 2 months of rent I owe. I'm shocked as I thought since no lease can be made, and the employment letter they provided has no mention of rent, that rent wasn't going to be happening. I ask them if I can get anything in writing. The owners tell me that the bank will give me a check receipt, that it's all I will need.
I am not comfortable paying in that way, with no lease or anything in writing.
They tell me that another reason I need to pay rent, is because since my wife is living with me at the inn, that my wife is a liability to them and their insurance. That if I pay rent, she will no longer be a liability, since she will have a reason to live here with me. I feel that my wife is being used against me. It is September now, we have been going back and forth with this for 2 months.
I want to know if what they are doing is legal. They have told me that if I decide to not pay, that I will be moved from salary, to hourly pay, so basically a big cut in my pay. I am not willing to take that cut in pay. I want to refuse to pay the rent, but I fear if I do, that I will be fired.
I just want to know if they're doing anything sketchy, and what rights I have. They are refusing to put anything in writing.
I have been trying to contact multiple employee and tenant attorneys for over a month, but none have taken our case or provided help so far.
Any advice is very appreciated.