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Ridiculous that it got this far, but this was a married couple in their 90s getting a caregiver off of Craigslist and entering into a deal in which they paid nothing. They had a full-grown daughter with a law degree. How does this happen? I'm dealing with my own nutty dad in his 80s - he's a very headstrong narcissist, but I"m in constant contact with him and know I may one day have to fly out to his place to intercede if he gets himself into a situation.
Ridiculous that it got this far, but this was a married couple in their 90s getting a caregiver off of Craigslist and entering into a deal in which they paid nothing. They had a full-grown daughter with a law degree. How does this happen? I'm dealing with my own nutty dad in his 80s - he's a very headstrong narcissist, but I"m in constant contact with him and know I may one day have to fly out to his place to intercede if he gets himself into a situation.
Spot on! That's what I asked earlier. Where were the adult daughters?
I'm no attorney but live in Southern CA, the "nanny" case here made national news. The couple who couldn't get the nanny they hired out of their house. They even took her bedroom door off and still she remained due to the law being on her side(as crazy as that is).
How the hell does a lawyer not know this? Her and her sister played a role in this or rather due to their lack of involvement with their parents allowed this to happen.
Spot on! That's what I asked earlier. Where were the adult daughters?
I'm no attorney but live in Southern CA, the "nanny" case here made national news. The couple who couldn't get the nanny they hired out of their house. They even took her bedroom door off and still she remained due to the law being on her side(as crazy as that is).
How the hell does a lawyer not know this? Her and her sister played a role in this or rather due to their lack of involvement with their parents allowed this to happen.
Where are you getting this information? Do you have a link for us? The article in the OP said the caregiver moved out but moved back in when the wife was out of town visiting her daughters. So how the heck are the daughters responsible?
I'm a lawyer and I cannot convince my elderly father of anything. I have no doubt he has been scammed but oh, well. That alone does not give me the authority to do anything. Poor judgement does not equal incapacity.
Where are you getting this information? Do you have a link for us? The article in the OP said the caregiver moved out but moved back in when the wife was out of town visiting her daughters. So how the heck are the daughters responsible?
I'm a lawyer and I cannot convince my elderly father of anything. I have no doubt he has been scammed but oh, well. That alone does not give me the authority to do anything. Poor judgement does not equal incapacity.
You live in MD, I live in CA. I think I know how things are done in CA more than you do. The "nanny case" made national news. Google it, if you're not familiar. In CA someone can move into your residence(even a paying roommate/tenant) and it's not that easy to get them out, once they're in and they have mail in their name at your address they have rights. Other states have this as well.
I know someone right now going through this. They had a roommate move in(someone they actually knew) and it's not working out well. Roommate refuses to move, looks like it will be going to court as crazy as that sounds. And you can't just throw their stuff out and change the locks.
When you have an elderly parent and you have a halfway decent relationship with them, you get involved if something suspect is going on. If that means getting on plane, than you get on a plane.
Sorry, I think your "oh well" attitude isn't very nice. Maybe you wouldn't be so flippant if you find out he signed his house over to strangers.
I found this on SF Bay Craigslist. The utter balls of some people! "We're not going to pay you but feel free to work elsewhere during your free time..."
"You work 25 hours week, in exchange for furnished room and will share a bathroom with another live-in caregiver. This exchange includes all utilities: electricity, gas, water, garbage, and internet. You will also be provided dinner 6 times a week, Monday through Saturday.
"You provide your own phone and there is no cable, but we do have Chromecast available. Parking is available in street and washer and dryer available for your use in the home at no charge to you.
"Your pay is a furnished room, utilities, and six dinners in exchange for 25 work hours a week. Your hours will be three evening 7 pm-9 pm and four mornings 7am-9am, and one shift on Saturday from 9am to 3pm. Let's talk!
"You will be free the whole day, either 9am to 9pm and/or 7am to 7pm, Monday through Friday. You can work elsewhere during the day for pay, or you can be a student attending college."
These stories are very common but often not what the media makes them out to be when the dust and hype settles.
Assuming the homeowner did hire the person as a live in caregiver, under CA law, the caregiver's right to residency ends when the employment relationship ends. The proper steps would be to provide notice of the employment termination, a outline of the caregiver's right under CA law, and the date they are to vacate the premises. Simple, Easy, Done a thousand times with no problems. So, why is this one a problem? I bet the homeowner screwed this up and now is trying to find a way out of the mess they created without finding themselves a defendant in some labor law case. Any attorney worth their retainer would have served the proper notice that conforms to CA law and be done with it. This would have been before a Judge within 30 days as an expedited case. But, most likely, there is some major labor law violations where they are trying to get rid of the caregiver while not getting into trouble over their own illegal actions.
Even if they decided not to use the employer - employee relationship provision of CA law, they still could serve a notice to vacate which is also easy, simple and done hundreds of times every day in CA. All you do is serve the proper notice of non renewal of their month-to-month occupancy along with the required enclosures to the notice. If they do not vacate at that 30 day mark, you file for an eviction with the courts and have the Judge throw them out. It's not complicated and you can even get all the proper legal forms and guidelines from the state itself. Of course, if you have no idea what you're doing and you screw it all up, of course you won't get anywhere. Based on the article, it seems they messed this simple procedure up big time.
These types of cases are often discussed in the rental sub forum here on CD. Often it's clear the person trying to get rid of the occupant really screwed it up beyond simple fixing. Many times landlords (and even some tenants) who read these post on the renting forum immediately start finding all the mistakes the homeowner did and the continued mistakes they make simply because they were just to cheap to obey the laws to begin with and too cheapo to get legal assistance from the start. You do things in a stupid manner and keep using stupid as a wacking stick, why complain when stupid kicks you in the rear?
Just to add; CA is not landlord or tenant friendly. It does not favor one over the other. What CA favors is those who do things right and according to the regulations. If you mess it up, try to make it up as you go, pretend something deosnt; apply to you, or cut corners, it won't be favorable to you.
True, but that doesn't explain why with two adult daughters this even happened in the first place. Unless you're estranged from the parents(and that is not the case) where were the daughters?
People are busy, and they don't want to take care of their parents. So they place ads on Craigslist for caregivers in exchange for rent. Craigslist is filled with ads like that. This is not an unusual situation.
ITA The law isn't going to do anything one way or another. If the rightful owners simply tossed the squatters stuff out and changed the locks, police aren't going to go over there and move her stuff back in! Once the lock has been changed police aren't going to kick in the door! Just DO IT---throw the bum out, even if you have to hire "muscle"---maybe from Craig's List
Actually if the squatter has proof of residence there, and apparently this woman does, the police would have no choice but to kick down the door and help her move back in. Plus they would have to make out a theft report on any of her stuff that was missing.
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