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Contracts Cannot Violate Law but Can Code, True of False?

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What is the name of your state? CA

I just went through a nightmare situation with trying to evict a caretaker from my 5 acre property and went through the whole legal process which ended up cost me over $2000. not to mention everything they stole from me of which I will never be able to recover. I need to find another caretaker as I am trying to complete my move and am trying to prevent more vandalism and theft. This time my friend told me I can draw up a occupancy statement contract saying that I give permission for this person to stay on my property but that permission can be taken away at anytime and they will have to leave immediately with no court proceeding, thus bypassing the whole hassle of the eviction process. My friend claims that contracts cannot violate the law but the California eviction process is California code not law and thus the contract is higher than code and would be upheld in a court of law. Is this true? He also stated you can add things like all your processions will be forfeited to me if they violate the contract. He claims that anything you put in the contract they agree to will be upheld in court. My friend said not the call them a caretaker just occupant.

The previous caretakers started stealing my electricity and not paying for it and legally I was advised that I couldn't even disconnect the power so in the end I paid for over $500 worth of their electricity. This time I thought to save problems I would put the electricity in the caretakers name. My friend said not to do this as it would give them more rights.

I also thought about trying to rent it as an RV spot with water, septic, and electric hook ups? Would I be able to use a contract to avoid the eviction procedure in this situation?

Please help, I want to try to minimize the possibility of another nightmare like the one that just happened, yet I don't want to do anything illegal. Thank You so much for your help.
 


xylene

Senior Member
False

Your friend is an idiot.

Let's talk about your caretaker.

Isn't that an EMPLOYEEE...

Obviously, not everyone has a property which requires a live in caretaker.

Far from simplifying the situation, you really need to worry about Landlord law and Employer law.

Why don't you talk to a real lawyer, and figure something out. Spend the money up front, rahter than many times that amount when their are problems.

And do a serious background check!
 
What to do with vehicles left by caretakers

The caretakers were evicted on May 2nd. I receivced a judgement against them for $770. They left 2 vehicles (maybe stolen) on my property plus lots of junk and garbage. I understand that I legally have to hold there stuff for 18 days. What should I do with the vehicles?

1. Tow them outside of my property and call the county to say they were left there (actual advice of a collection agent).

2. Put a lien on them at the DMV. Of course they could come get them while I am going through with the whole process.

3. Other
 
I just discovered that the vehicles do not belong to the caretakers but one belongs to someone of the same last name as one of the caretakers.
 

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