Nanny Nightmare

[easysurfer]

I watched this on CBS This Morning:

Live-in nanny refuses to leave home, despite being fired - Videos - CBS News

In short, this family hires a nanny who was a good worker initially, then decides she doesn't feel like working any more. Though despite fired, the family can't get rid of her.

That's why I don't use Craigslist.

 

[REWahoo]

That's why I don't use Craigslist.

Yep, you never know when you'll get a bad nanny on Craigslist.

 

[easysurfer]

Yep, you never know when you'll get a bad nanny on Craigslist.

I know what I'd do in that situation. Two could play it that way making the other party uncomfortable. Steak and lobster for the family, a steady diet of lima beans for the Nanny

 

[tmm99]

Wow. I didn't know it would be difficult to evict her... I couldn't tell from the video why...

 

[hakuna matata]

Wow. I didn't know it would be difficult to evict her... I couldn't tell from the video why...

From the story on this I read it has to do with Tenancy laws. After 30 days she is considered a tenant and thus to get rid of her requires the same thing a landlord would need to do to get rid of a bad tenant. I read this story yesterday and I was wondering how much leeway the law allows on this. It is a civil matter, so just dump her and her stuff outside, let her sue you. Or lock you food up, give your kids drums and let them play at all hours, etc.

I would find it shocking that a judge or jury would be sympathetic to this woman, and you would certainly be within your rights as a family to do things like allow your kids to practice their drums or saxophone within your own home right? I would think as long as everyone in the home was treated the same it would be legal, but alas I am not a lawyer, and glad I am not in this situation.

Some friends of ours had a similar situation, they purchased a foreclosed home, signed the papers, went to move in...and the guy was still there! Took them about 2 weeks to get him out. That one sort of floored me--this couple had no contract with this guy, the bank did, it seems that the bank should foreclose and evict the guy before they sell you the house. Luckily for them it worked out after 2 weeks. But I wondered why they couldn't just change the locks and then arrest the guy if he came in as a trespasser.

 

[aja8888]

I had rental property once in California (never again). Tenant laws are pretty strict and it could take a good bit of time and court appearances to get her out.

One of the schemes that used to be used in Ca was the tenant would stop paying rent and before the eviction papers were delivered, the tenant would file for bankruptcy and hold the process of eviction up until their bankruptcy case is heard, which could take up to a year at that time. I don't know if that tactic is still being used in CA or not.

 

[NW-Bound]

From the story on this I read it has to do with Tenancy laws. After 30 days she is considered a tenant and thus to get rid of her requires the same thing a landlord would need to do to get rid of a bad tenant...

I had rental property once in California (never again). Tenant laws are pretty strict and it could take a good bit of time and court appearances to get her out...

You certainly do not want to turn your home into a "Roach Motel". They check in, but they do not check out.

 

[easysurfer]

In USA Today:

"So this lady is welcome inside my house, anytime she wants," Marcella Bracamonte told KTLA-TV. "I'm now a victim in my home, and it's completely legal."

"If we're to lock her out of our house she could sue us, if we're to grab her stuff and throw it out of our house she can sue us," her husband said.

Calif. family says fired nanny won't leave

 

[rodi]

CA has some judgements on what is called "de facto" tenants. Basically it can happen in any rental - say a guy has a girlfriend - she moves in. The landlord has no contract with the girlfriend - so it becomes more difficult to evict her if she refuses to move out. (Even if the original tenant moves out.) For this reason we have a clause in our lease that says no guests for longer than 14 days in a row, and no guest for more than 14 days in a calendar month. (So folks can still spend the night with their SO's even if they aren't shacked up - but not be considered a "de facto" tenant.

On another message board I read they discussed the specific rules of "lodger" tenants. Apparently a lodger has fewer rights to privacy. The home owner has full access to their room. The home owner could even remove the door to the lodger's room... so no privacy for the lodger. The homeowner could blast music loudly on every side of the room. Basically, the homeowner can do a lot to get an unwelcome de-facto "lodger" out. Much more than in a separate rental unit.

 

[easysurfer]

CA has some judgements on what is called "de facto" tenants. Basically it can happen in any rental - say a guy has a girlfriend - she moves in. The landlord has no contract with the girlfriend - so it becomes more difficult to evict her if she refuses to move out. (Even if the original tenant moves out.) For this reason we have a clause in our lease that says no guests for longer than 14 days in a row, and no guest for more than 14 days in a calendar month. (So folks can still spend the night with their SO's even if they aren't shacked up - but not be considered a "de facto" tenant.

On another message board I read they discussed the specific rules of "lodger" tenants. Apparently a lodger has fewer rights to privacy. The home owner has full access to their room. The home owner could even remove the door to the lodger's room... so no privacy for the lodger. The homeowner could blast music loudly on every side of the room. Basically, the homeowner can do a lot to get an unwelcome de-facto "lodger" out. Much more than in a separate rental unit.

That's a good point about that "lodger" tenant. That's one of the number one reason's why I wouldn't want to rent. The landlords could enter when they want to. Always feels a bit creepy.

If I was the family, I'd hook one of those old telephones with a big loud ring so each time a call comes through it would disturb that Nanny. Or put a laundry basket for all the kids diapers right by the Nanny's doorway.

Edited.. re-reading the article closer, I see the Nanny has left and disappeared. Probably too much media attention.

 

[Senator]

An eviction is all it takes. Pretty simple.

 

[MichaelB]

I'm not sure why but my guess is there's another side to this story.

If I had a job that required me to live onsite somewhere I would hope the law would protect me from being fired without notice and made homeless. At least a requirement to give me enough warning so I could find another place to live.

 

[tuixiu]

One thing for sure, this nanny better hope no future potential employers bother typing her name in google.

 

[NW-Bound]

The article has this to say about Stretton, the nanny:

ABC News said Stretton reportedly has been involved in three dozen lawsuits and is listed by California courts as a "vexatious litigant" for abusing the legal system.​

As of last Friday, the nanny was gone:

Marcella Bracamonte told ABC News that 64-year-old Diane Stretton left the home in Upland, San Bernardino County, on Thursday morning and hasn't returned. She left behind her belongings.

"I don't know what happened," Bracamonte said.​

 

[Redbugdave]

Sounds like a sociopath mental case. The world is full of them to different degrees.

 

[travelover]

Sounds like a sociopath mental case. The world is full of them to different degrees.

The excess from top management are evidently branching out to being nannies.

 

[tmm99]

The article has this to say about Stretton, the nanny:

ABC News said Stretton reportedly has been involved in three dozen lawsuits and is listed by California courts as a "vexatious litigant" for abusing the legal system.
​

As of last Friday, the nanny was gone:

Marcella Bracamonte told ABC News that 64-year-old Diane Stretton left the home in Upland, San Bernardino County, on Thursday morning and hasn't returned. She left behind her belongings.

"I don't know what happened," Bracamonte said.
​

I wonder if she is gone, gone, or gone until later? (I would think the latter since she still has her belongings in her room.) I wouldn't feel safe until her belongings are out of the house..

 

[Bestwifeever]

Marcella Bracamonte told CNN's Sara Sidner that Stretton -- who is currently sleeping in her car, while all of her belongings remain inside Bracamontes' home -- offered to move out over the July Fourth weekend.
But Bracamonte said that can't happen. "We're going to a wedding, it has been planned for a year," she said. "My sister is getting married on a cruise ship and we're going." Squatting nanny says she is no nightmare - CNN.com

Maybe she can ask the nanny to watch the kids while they go to the wedding....

 

[Jay_Gatsby]

The family could always hire someone to oversee the nanny's departure, even while they are on the cruise ship. There are plenty of security companies that have off-duty law enforcement officers who could be used for this purpose.