A caregiver who no longer empoyed by me, refusing to move out of my home. How do I get rid of her lawfully?

Question

She was taking care of my disabled son, but he moved to a care facility, and we do not need her services anymore. I give her a week to move out, she refuses and locked herself in her room.

Answer 1

I assume she can't stay there forever.  If there is no legal reason for her to have a right to the room (lease or some service level agreement), tell her you are calling the police, and then do it.

Don't play around - sounds like a loose nut there....

Answer 2

This isn't a tenant situation, so your employee does not receive protection under landlord/tenant laws.

You are not obligated to 30 days notice unless there was some room lease agreement that you entered into with her.

Call the police and have her booted out.

Answer 3

Go to your local police station and get an eviction notice.  I think once she's served, she has 30 days to move on her own, then you can forcibly have her moved out.  Make sure you check with your local police about the correct procedure so nothing falls back on you.

Good luck.

Answer 4

You could call the police and have her  forceably removed.  She is not a tenant and has no legal right to stay there.  It would appear that she has no place to go so a gentler approach may be in order.  Talk to her and see what the problem is and try to work out a solution.

Answer 5

What Maggie said.   The longer you wait to take legal action, the less legal standing you have to toss her out.  Waiting will weaken your position.

It may sound crazy, but a lot of the law is crazy.

Answer 6

You do not need to evict her.  She does not get a 30 day notice.

She does not fall under landlord/tenant laws.

She falls under employee laws.

As an employee she has to leave when she is fired.    Some states require that if the employee received housing as compensation they have 72 hours to pack and get the heck out.

The sheriff will remove them as a disgruntled employee, they are not tenants.

Answer 7

What did your contract say? And I believe that you need to give her time to find alternative accomodation.

Answer 8

How many days notice in advance was she given  that your son was not returning  back home?  Did she know that he was being transferred to a care facility?

What was the original agreement verbal or in writing? Did she live there 24 hours/7 days a week?  Did she receive her mail at your home address?  Did you allow her time off to look for another job?  How did you find her--newspaper ad, agency, friend reference, etc.?

I would contact the community service and the social worker for your son.  They are familiar with the best way to resolve this situation.

Make sure that you change the locks on your doors and on any other item that she had the keys to.  You can change the lock combination on your car by going to a lock smith.

Answer 9

if you live in California if  you let her stay 1 night and she refuses to live your home  by law you can't not kick her out unless you give her a 30 days notice,maybe she knows this. but do not wait and call the police and explain the situation may be they can get her out w/out the mess