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I have been loyal and faithful for 11 months and am facing being thrown out after the very first verbal argument. What process must be followed? I am a diabetic with multiple health issues and a senior of 72 years old and will be homeless with very little money. Can I be given a 3 day notice to leave or what process needs to be taken to get me out... And am I entitled to food until I have to leave?

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Far too many people confuse “eviction” with just the run of the mill terminate of a tenancy. Eviction can only be done by court order. So an eviction notice says..leave by a certain date or the landlord will file for a writ of possession with the court and a hearing date would be set. A ordinary termination of tenancy has a notice period too. But never as short as 3 days!

Well, without anything in writing you would be considered a tenant. The fact that you didn’t pay rent does not negate that.

so... a tenant can only be evicted for a breach of contract (like not paying contractually agreed on rent). But, since there is no obligation on your part to pay rent...you cannot be evict for it.

what they must do is provide to you written notice that your occupancy is terminated. Depending on what state you live in...the time you must be given is usually equal to one full month. (For example: Florida allows 2 weeks, California requires 2 months if you have lived there for more than 11 months..3 months if you have lived there for more year).

If at at the end of that time you are still there...then they have a cause for eviction...”hold over”.

Sorry this has has happened to you. I hope your next situation is in writing with protection for you. Take a bit of time and lookup the landlord/tenant laws in your state
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EstelleS Apr 2019
Do you do you have any idea what the laws would be in state of Arizona
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JoAnn: I know, right.
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This is a conundrum in at least a few ways. If you get evicted/booted out, then who is going to take care of the person requiring the caregiving in the first place? What was spoken that made you believe you were to leave in a certain timeframe? And "after the very first verbal argument?" What pieces of the puzzle am I missing?
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This problem opened my eyes. I would not have expected a person who was hired help to be considered a RESIDENT. If they fired you and need your room to hire someone else, where are they suppose to put them? I thought if you took a position to where room and board was furnished, it was considered part of your salary. And that you would maintain a separate residence for your day's off, whether with a relative or a room some where. This puts a whole new light on things. When I was a child my grandmother worked as a live in helper for two elderly women, she had a room on the third floor and when she had a day off she would come to our house for the day. If she had a weekend , she went to some friends house. When she got sick and could no longer work, my dad had to go up there and pack her stuff so that the sister's could hire some one else to take her place. Had they fired her I am sure she would have been asked to leave immediately. This was in Ma. I guess you better think twice before you hire live in help.
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The difference here, I believe, is obvious. This caregiver considers this place as her home. She has no other home. The law is very generous about not allowing people to be dumped on the street--just ask any landlord who's tried to get rid of a tenant.
In fact, I was informed by a police officer that previous owners who were still receiving mail at my place could use that mail to prove they still live there, and I'd have to start eviction proceedings to get rid of them if they moved back in when I was away! I removed the mail box.
Privately hiring care-givers is not an easy solution. This is another example of why a care contract is important.
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In my state, eviction requires a 30-day written notice. No matter why the person is living there.
They can terminate your care-giving role and not feed you, but they can't throw you out without the proper process.
You should probably start looking for a place to live, and you have many good suggestions here.
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Most states require an eviction notice that will give you between 30-90 days.

I'm not sure about the food situation...I would probably just start buying your own, so it's not further uncomfortable...

Perhaps you can be straight-forward and simply tell them you 'regret the argument' and 'can we simply talk it through and work it out?'.
'I enjoy staying here and working...I'm committed to this position, etc'.

That's if you really feel to stay...

All the best to you!!
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Until one needs it, one is often unaware of what resources are in their own location. There often is emergency housing. I would call senior and adult services as you are a senior and have health issues as well. Around here if you call 211 it is an information service as well.
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You are Obviously Not from an Agency so you unless you have a License to have them Place you Elsewhere....Start Now Preparing.
No Strings or Things in Keeping you there, No Contract, Begin to Pack.
I am so sorry.
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The answer to your question depends on what state you live in. I am a social worker in the state of Vermont. In Vermont anyone who resides in a home, anyone's home, for 30 days or longer is a legal resident of that home. To be unwilling removed an eviction would be necessary. In the state of Vermont that can cost the property owner up to $5000 and take years. Yet, right across the border in New York, it cost $25 to file an eviction which can be finalized in as little as a month. My concern is that you are a 72 years-old caregiver, with at least one chronic condition, and you are going through a very stressful situation. A situation in which there is stress regardless of the outcome, as it would be very stressful to live in a home where you are not wanted. I don't often repeat the advice past to me by my mother, but in this case I will. "If you take care of yourself, everything else will fall into place." If you take on another live-in caregiver position, please have all the details put in writing. The same often occurs when the individual you are caring for passes, so you should include how long you can stay when you are no longer needed.
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qattah Feb 2019
Very good answer. Every caregiver should realize that the person they are caring for can pass on at any time.
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Not quite a year, but have to ask where did you live before? With your age and the health issues you have, did everyone know this? Who made the verbal contract? The person who is the patient, or children?
Call me crazy sounds like “room and board” verbal may not be enough to protect, a 30 day notice may not be required.
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If you were working for ONLY room and board you could probably sue your "employer"
They must pay you a living wage and you needed to have time off, no one works 24/7/365 with no time off.
An eviction can take months. But personally I would not want to live in a house where are these problems but I read about it and see stories on the news.
I suggest you contact department of labor, possibly your local senior center where there are social workers that might help you. You could also contact the Bar Association to determine if you have a legal case.
Even if they can not help you with what might be your illegal working conditions they might direct you to senior housing.
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AT1234 Feb 2019
She says she’s facing being evicted, I wonder who she actually made verbal contract with? It doesn’t sound like with her own issues she was a good choice anyway. Posts like this one scares me for my own mom. How miserable that must be. And who know all the true facts.
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I hope you will keep us updated.
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The eviction trumps your desire to stay. The law says the person has the right to fire caregivers.
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The law has different rules about tenancies, compared with casual labour, and living arrangements can rarely be terminated without proper process. Just because it was verbal doesn't mean there was no contract. Most contracts can be verbal, and the issue is whether you can establish evidence, not whether it was in writing or signed or witnessed. Evidence can also include an assumption that no-one would do this unless there was a tacit agreement. Please get legal advice to ensure that if and when you leave you get proper notice and proper compensation.
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I don't think we have enough information and if it was all verbal it boils down to your words against theirs.

Sadly you got into a verbal battle with someone that didn't appreciate what was said and I am thinking lines were crossed. It is hard when you live somewhere to realize that it is not your home and you aren't free to speak your mind.

If I was you, I would be finding a place that I could spend some time getting my situation sorted out. Because you could very well be set to the curb in 3 days and spending time you don't have to fight a battle you may or may not win is not a good idea.

Check out women's shelters, Homeless shelters, salvation army those types of places.

I doubt they would stop you from eating but I wouldn't expect an invitation to join the family around the table for dinner. Neither would I set myself down uninvited, you don't want to provoke more upset.

Have you tried apologizing and asking forgiveness? Doesn't matter if you were wrong or right, you need their mercy to not be put out on your ear in 3 days.

I hope you can find a place to help you transition from the current situation and that you are allowed a fair amount of time.

Only you know what happened and at this point you are not wanted, please do not try to force them to allow you to stay indefinitely, it will be miserable for all of you. That is unless things can be reconciled.
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I agree, you need to talk to someone at the labor board. Call your Office of Aging and Adult Protection Services. You are a Senior with no place to go.

Just curious, who are you caring for? With your health problems do you do anything heavy, bathe, dress? Or are you more of a home health aide. There to keep an eye on things. Cook meals, clean up, etc.

I would also get to ur local Social Service office and ask for temporary help. They may be able to get u temporary housing and food vouchers. Then work on permanent housing.
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You may want to chat with the department of labor. The situation you have been working under may very well be illegal. It will depend on your state laws.

Eviction, if that is your home, also according to state law. It would most likely require a thirty day notice which would have to be legally served on you.

Also talk with enough employment lawyer.
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Remember, USPS delivering a letter is considered legal notification . It doesn't mean a legal letter.
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Oh *dear*.

Could you explain a bit more about what has happened?

Who are you caring for?
Who are you living with? - just your caree, or that person's family too?
What was the nature of the disagreement? - what was it about, and how heated did it get? When was this?

Whatever happens, it is best to assume that nobody wants anybody to come to any harm; and to agree either a reconciliation, if that is what you want and it's possible, or an orderly transition to a new location.

It does not sound promising that you are in doubt as to whether you can eat or not. Is this because of something someone else has said, or do you just not like to ask?
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