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Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 6:50 am
by rp_photo
I'm thinking that this would be resolved more quickly in Texas one way or another:

http://www.breitbart.com/Breitbart-Cali ... eave-House" onclick="window.open(this.href);return false;.

Would it be legal under Castle Coctrine to force her out at gunpoint or the threat of deadly force?

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 7:08 am
by Jumping Frog
Tenants have rights in Texas, just like they have rights in California and other states.

Family needs to evict her. They should also expect her to file for unemployment.

"Castle Doctrine" does not apply to force used against someone who has the legal right to be in the premises.

If this family hired her to watch their 3 young children, why wouldn't they perform a background check?

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 7:11 am
by C-dub
Change all the locks and passwords and garage door opener codes when she leaves the house.

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 8:37 am
by rp_photo
Jumping Frog wrote: "Castle Doctrine" does not apply to force used against someone who has the legal right to be in the premises.
Texas is an employment at will state, meaning that she can be fired for any non-discriminartory reason and immedately ordered to leave the property or face trespassing charges.

If my employer terminated me, I would have no right to remain on their property and it should be the same case here.

Also, she's obviously mentally unstable and a threat to herself and others in the home. The family should be requesting a 72 hour observation, during which time they could secure the home.

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 9:27 am
by VMI77
I don't know what the law is here for a circumstance like this, but supposedly, in Commiefornia, when they agreed to exchange living accommodation for services they created a landlord-tenant relationship. So in effect, it created the same situation as if she was living in an apartment, and that makes them subject to the same rules as any landlord renting an apartment. This woman has probably run this scam before, taking advantage of the law. Apparently she has a record of suing and freeloading.

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 10:08 am
by gljjt
Time for a scheduled (give her notice notice) Orkin visit. Whole house bug bomb! I would also call CPS on her. Seriously, before that, I would consult legal counsel.

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 10:41 am
by puma guy
Without a written lease or rental agreement most states automatically revert to a month to month rental and only require 30 day notice on either party to end. After the notice is ignored simply start eviction proceedings. The owner can't change the locks, but they don't have to provide food for her and if she steals food from the family's larder she can be arrested for theft. I would keep the toilet paper locked up, too! :biggrinjester:

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 10:45 am
by gljjt
puma guy wrote:Without a written lease or rental agreement most states automatically revert to a month to month rental and only require 30 day notice on either party to end. After the notice is ignored simply start eviction proceedings. The owner can't change the locks, but they don't have to provide food for her and if she steals food from the family's larder she can be arrested for theft. I would keep the toilet paper locked up, too! :biggrinjester:
THIS!!!

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 11:47 am
by Jim Beaux
puma guy wrote:Without a written lease or rental agreement most states automatically revert to a month to month rental and only require 30 day notice on either party to end. After the notice is ignored simply start eviction proceedings. The owner can't change the locks, but they don't have to provide food for her and if she steals food from the family's larder she can be arrested for theft. I would keep the toilet paper locked up, too! :biggrinjester:

Maybe you want to re-think this......I mean.... really... think about this.....you know....the uh....well, think about it.. :smilelol5:

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 12:33 pm
by baldeagle
http://losangeles.cbslocal.com/2014/06/ ... t-get-out/" onclick="window.open(this.href);return false;

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 12:48 pm
by Tic Tac
Jumping Frog wrote:Tenants have rights in Texas, just like they have rights in California and other states.
Yes but as the police reportedly told the con artist's victims, that's a civil matter.

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 2:49 pm
by cb1000rider
C-dub wrote:Change all the locks and passwords and garage door opener codes when she leaves the house.
That's bad advice from a legal standpoint when dealing with a landlord/tenant relationship.
That's great advice from a standpoint of getting just a touch of what she deserves.

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 3:39 pm
by The Annoyed Man
Marcela, a mother of three, found Stretton on Craigslist in March.
There's your problem right there.......

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 3:51 pm
by Superman
There are "creative" ways to make her WANT to move out...they just need to think a little (I know that's a stretch since they were idiots getting themselves into this situation).

Re: Live-in Nanny Refuses to Work or Leave-House

Posted: Fri Jun 27, 2014 4:02 pm
by jmra
The Annoyed Man wrote:
Marcela, a mother of three, found Stretton on Craigslist in March.
There's your problem right there.......
:iagree: