Summary
In California, if a property caretaker fails to fulfill a verbal maintenance agreement, you should document the agreement details, serve a written notice of breach, and demand compliance or eviction. If the caretaker does not comply, you may need to file an unlawful detainer complaint with your local court. You can issue a final notice if the agreement was broken within the first month, providing a reasonable timeframe for compliance. If the caretaker challenges the eviction, they might claim a misunderstanding or dispute over the agreement terms. To formally terminate the agreement, use a written notice template, ensuring delivery via personal or certified mail. For specific legal advice, consider consulting a local attorney.Full Conversation
verbal understanding
In California, dealing with a verbal agreement can be tricky, but it's not impossible. Here are some steps you could consider:
- Document Everything: Write down all details of the verbal agreement, including dates and responsibilities.
- Serve Notice: Provide a written notice stating the breach and request compliance or eviction.
- Consult Legal Advice: Given the complexity of verbal agreements, consulting with a local attorney might be beneficial.
Have you considered formally documenting the agreement or seeking legal counsel?
no how do i do this without a lawyer
Handling this situation without a lawyer can be challenging, but here are some steps you can take:
- Document the Agreement: Write down all details of the verbal agreement, including dates and responsibilities, to strengthen your case.
- Serve Notice: Draft and deliver a written notice to the occupant detailing the breach and your demand for compliance or eviction.
- File for Eviction: If the occupant does not comply, you may need to file an eviction notice with your local court. Check the specific procedures for eviction in your area.
Would you like guidance on how to file an eviction notice in California?
sure
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Filing an eviction notice in California involves several steps, including serving proper notice and filing the necessary paperwork with your local court. Here are some general guidelines:
- Notice to Quit: Serve the tenant a written notice stating the reason for eviction and the time frame for compliance.
- File Unlawful Detainer: If the tenant does not comply, file an unlawful detainer complaint with the court.
- Court Hearing: Attend the court hearing where a judge will decide on the eviction.
Would you like more details on the specific steps for filing an eviction notice in your area?
can i give a final notice if agreement was broken within the first month
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Yes, you can issue a final notice if the agreement was broken within the first month. Here are some steps:
- Draft Notice: Clearly state the breach and demand for compliance or eviction.
- Time Frame: Provide a reasonable time frame for compliance.
- Serve Notice: Deliver the notice legally, often requiring personal delivery or certified mail.
If you need more specific details on how to draft or serve this notice, let me know!
what can be claim as a valid excuse to fight the owner
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If the occupant wants to challenge the owner's actions, they could:
- Claim a misunderstanding or dispute over the terms of the verbal agreement.
- Argue that they have fulfilled their part of the agreement.
- Present evidence suggesting unfair treatment or lack of proper notice.
Would you like more information on how to proceed legally in such situations?
how to get rid of property maintainer if he lied about doing the job description and refuses too
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If the property maintainer refuses to fulfill their duties as per the verbal agreement, you can follow these steps to regain control of your apartment:
- Document the Agreement: Write down all terms of the original verbal agreement and any breaches.
- Serve a Final Notice: Clearly state the breach and demand compliance or eviction. Include a reasonable timeframe for compliance.
- File for Eviction: If there's no compliance, file an unlawful detainer complaint with your local court.
If you need more specific information on drafting or serving the notice in California, feel free to ask!
give me an official templet to fire property caretaker.
Case Rating: *
Here's a basic template you can use to serve notice to the property caretaker:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Property Caretaker's Name]
[Caretaker's Address]
[City, State, ZIP Code]
Subject: Notice of Termination of Agreement
Dear [Caretaker's Name],
I am writing to formally notify you of the termination of the verbal agreement made on [Date of Agreement] regarding your responsibilities as a property caretaker for [Property Address].
Despite our understanding that you would perform regular maintenance and upkeep, these duties have not been fulfilled. As such, this notice serves to terminate our agreement effective immediately.
Please vacate the premises and return any property keys by [Date for Compliance, e.g., 30 days from notice].
Should you have any questions or require further discussion, please feel free to contact me at your earliest convenience.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
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Make sure to deliver this notice personally or via certified mail to ensure legal compliance. If you need further assistance, feel free to ask!