So it begins

[princealbertofb]

Can't really help you with this one, David, but good luck finding legal aid and managing this situation to the best outcome. Maybe it's a blessing in disguise to have to move, but it doesn't look like it just now. Good luck.

[Bowyn Aerrow]

LOL I asked for COUNTY not Country. I searched for Mirkwood, California, and it does not come up as a census-designated place.

Its true, first the mind then the eyes....

Stanislaus.

[Bowyn Aerrow]

This is why all contracts for service should be in writing. The law won't care about extras or the fact that you were a caregiver without proof of same or any indication that you should receive any special consideration. It will regard all the services provided as exchange for accommodation. It will not care about 17 years of service without records and acknowledgment by your employer of your work.

Your story is all too common.

What about emails?

For instance this one:

David, thanks for the update...let me respond to your comments...


Glad the dumpster/drop box is working out...tell me how it is going: we can't keep it out there indefinitely, so tell me how much longer you need it...has it been filled/replaced? Do you need another one? We may have to have it picked up and then just consolidate stuff for another, later pick up...I will call the dumpster people and see where we are on charges...sounds like you may need it for ties, etc till about the 25th, does that sound about right?

Understand about the junk from the breezeway...get rid of mildewed/warped stuff...

Junk from the shed should go...military telescope, grates and irons, related stuff...let it go...

Understand on the retaining wall and ties...OK to continue with the "lexan wall"...good idea to shore it up with something...

The tree guys should be coming soon if not already...have them mulch the trees for ground cover...if it looks like too much mulch, have them just get rid of the excess wood...

Glad the mower is working well...

Thanks again for the update, cheers,

Rod

Demonstration of work?

Or what about all of mine responding to his in detail, including sending pictures of the work as it progressed as per his emails for those pictures?

Are emails not a valid form of communication in the 21st century?

I have gentiva visiting nurse staff who can attest I was there all the time they came to visit, I have two hospitals that duly noted that I was Bob's caregiver... three doctors and a whole church of people who dropped by from time to time and Bob loudly and proudly declared I was his caregiver and his caretaker as well. do those not apply as worthy testimony?

and am I confused about

Implied-In-Fact Contract:

"For example, when a patient goes to a doctor's appointment, his actions indicate he intends to receive treatment in exchange for paying reasonable/fair doctor's fees. Likewise, by seeing the patient, the doctor's actions indicate he intends to treat the patient in exchange for payment of the bill. Therefore, it seems that a contract actually existed between the doctor and the patient, even though nobody spoke any words of agreement. (They both agreed to the same essential terms, and acted in accordance with that agreement. There was mutuality of consideration.)"

There is this ongoing reality that workers get paid minimum wage, and no matter how anyone tries to slice this I have worked far, far much more than any minimum wage would cover for a 450 square foot trailer.

Is it going to be reasonable to believe that 34,000+ dollars of services rendered are worth rent on a 450 square tailer that has had for a very long time termites, carpenter ants a rotted out wall or and various other sundry items which I have asked time and time and time again for both old dead landlord and new much all to alive landlord.

It has been implied to many that my purpose here is to sit and prevent squatters and theives from breaking into the house since the death of Bob. Are we to assume that that is also 'for rent'?

I think that there is a great deal of services I can demonstrate I have rendered via email to the client and request from him to me to render service which clearly shows that I have done a shit load of work. Which I seriously doubt anyone in their right mind can consider to be 'the value' of the trailer for rent.

Besides, they are not asking me to move out in 30 days, no instead of evicting me, they want me to move out by December 31st as condition to sell the property.

Christmas time is when they expect me to find a new place to stay. Seriously, not a peep about no rents paid, or lack of services rendered, its so they can sell this property for hundreds of thousands of dollars.

Surely a court of law would have a bit more to say about their treatment of me?

Or am I to assume that I get no protection under the law as employee and tenant?

[Bowyn Aerrow]

28 days to do them a 'solid'... not 30, not 60...

[Cuddly]

Did you remind them of the 60 days rule?

We've had some (legal) issues with our former landlord, that we seem to have won. But since it was our first incident it was all paid for by our .. uhm.. society for tenants kind of thing..
In Denmark it's the owner who rents out who gets shafted in court. The rights of tenants have been a focus point for ages here and the court therefore generally rules in favour of the tenant.

That place has been your home for a very long time and being uprooted like that sucks, but is legal action really the right path?
We went down that road because the owner decided that we had broken alot of stuff that was either broken when we moved in, or wasn't even broken - It's true! We're not breaking stuff >_<
In other words, he was demanding a large sum of money from us, when we were actually supposed to be refunded our deposit (or whatever it's called in english, the money you put in when you take up renting the place and then get back when you leave, unless you broke things or whatever).
He was kinda crazy, so when we were moving out it came as no surprise that he went nit-pickylybyby.

Whatever the case, try not to step on Sabra's toes? You're probably better off if you can appear humane and appeal to her sense of fairness or compassion (please don't kick me out what the fuck I've been living here for nearly 20 years and it's christmas !!!)

[Bowyn Aerrow]

Ok let me post their email to explain to you why they want me out:

As per our conversation this evening, we have an offer on the River Road property. The offer is contingent upon
having the trailer vacated not later than 31 December 2014.

As I mentioned we want to make this transition for you and David as smooth as possible. Toward that end we will have Pam
Harmon provide you a check in the amount of $2,000.00 to be presented to you at the time of departure. We will also be willing
to assist you and David with appropriate moving expenses. As I also mentioned, David may keep the tools Rod purchased for his use
in maintaining the yard. This may assist him in any future yard maintenance work he may wish to do.

Thank you for all that you both have done, and we wish you both the best in the future.

Sincerely,

Sabra and Rod

This isn't even 30 days, this is them calling my roommate (not me the one who does the work that pays the rent) December 3rd. that is 28 days and they expect us to find a place during Christmas?!?!?

Mind, these people have NOT treated me fairly nor have done me any favors, they have taken, taken and taken again.

The listed price for the property is $410,000.00 They most likely have received an offer around 390 K. These people also made a huge killing from the estate sale, composed largely of antiques where were priced ridiculously high. I know, I saw paper back books with $4 stickers o them that walked out the door sold for $4.00

These people got a lot of assets from Bob, and have paid me nothing for 30 hours a week of labor Plus my not allowed to leave the property to keep the house protected since the back doors could not lock between the day Bob died in February until they sold the crap in February.

this trailer has termites and carpenter ants and Rodney has known about this since January 2012 when I sent him the first email.

I work at least 30 hours a week on average, then on top of that I water this property every other day for an additional 28 hours a week because no one wanted to install automatic sprinkler system.

Anyway we slice this, California and Federal law declare that your workers have to be paid at least minimum wage, which currently in California is $9.00 an hour. Comes to $270 an week or $1080 a month. There is no way that even if this 450 square feet was habitable (i.e. without carpenter ants and termites) could they get a thousand dollars a month for the rent and utilities.

according to : http://homes.trovit.com/295038/modesto-p...t-property


If it were in Modesto, it would be $ 396.00 for 450 square feet and that is assuming it was a town house or a nice apartment, not a 50 year old trailer.

According to: http://www.numbeo.com/cost-of-living/city_result.jsp?country=United+States&city=Modesto%2C+CA
Basic (Electricity, Heating, Water, Garbage) for 85m2 (914.93ft²) Apartment: $161.00
Ranging between $121-$200.


However, 450 square feet for the trailer comes to 41.8m²
Which is less than half the size as the estimate comes from.

Assuming maximum price for utilities and being in Modesto (as per address):

Rent with utilities would be $596.00 per month.


Even at minimum wage, 30 hours a week (excluding all the watering) the yard work alone pays this amount plus $484 more.


On top of this is a retaining wall I built this year, removal of a dog run fence, the cleaning out of a shed 20 x 18 stacked to the rafters with junk - look in my photo albums to get an idea of the labor I have rendered this year alone.


And sit there and tell me that all of that amounts to living in a pest infested hovel.



At minimum wage, for just the yard work, there is at least $4840.00 owed to me since February when bob died and Rod took over. $2000 dollars is an affront and meaningless compared to the additional work and house sitting.

$3000 in house sitting by the going rate of $100 a week

$3152.00 in miscellaneous labor done.

In this alone there is $10,992.00

My moving out in less than 30 days in order for them to make hundreds of thousands of profit for the sale of a house that has no mortgage on is - please, $2,000 for me to accommodate them once again at the worst possible time of the year to go rental hunting.

And this doesn't include the maid service and care giving I gave for the old man because no one else was going to do it. I agreed to watch after him for two weeks when he first got out of hospital, 168 days later is is going back into hospital and I didn't get a single day off of tending to his needs.

They claim gratitude? At a paltry $2000 to leave so they can make hundreds of thousands in profits. I'm sorry I think there has to be a line drawn, nay chiseled in stone. I'm tired of the lines in the sand because they always get smudged out.

[ShiftyNJ]

My friend lives in Sonora; she said there is unfortunately not a legal aid society that she knows about, but suggested this link for more specific understanding of your rights according to state law, which you may already have:

http://calbar.ca.gov/Public/Pamphlets/Rent.aspx

I really hope it helps. What a sucky situation.

[Bowyn Aerrow]

Well I guess received my reply and decided to go the 60 day without cause eviction notice route as I was processed served.... She was gentle with me since this was like my first time ever.

So I have until February 3-4 a bit longer if forced to fight it.

I did send an appeal to better reasoning offer to listen to settling out of court since this 60 days means they will lose out on this sale if we are not out by 31 December.

[Beaux]

Honey, you need a lawyer. Seriously.
I will keep you in my thoughts.
Xoxo,
~Beaux

[Bowyn Aerrow]

Beaux,

I have contacted one via the interwebs (sigh)... I had hoped it would be settled in a better way, but clearly they want to make this ugly.

I contacted one about legal matters on payment and another on legal matters against 60 day eviction notices. both are reputed to work for the poor folk, and since I ain't got an income that make me poor.