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  1. #1
    Join Date
    Oct 2020
    Posts
    1

    Default Live in Caregiver Fired, but Won't Leave

    My question involves independent contractors in the state of: California
    I have a care giver that was to care for my sister in her home from 9pm-9am in return she received free room. Things jyst haven't been working out, she drinking on her hours of work, neglecting to do her duties and has been fired. Do I have to go through the whole eviction process to have her out of the home or doesn't she have to leave because she has been fired and considered an employee, not a tenant.

  2. #2

    Default Re: Live in Caregiver Fired, but Won't Leave

    Was there a written contract between your sister and the caregiver (or between your sister and an agency that supplied the individual caregiver)?
    If there was, what does the contract say about these issues: the status of the person as an employee or as an independent contractor, the terms under which the person is allowed to live in the room that your sister provided, and the procedure for ending the arrangement?

    The answer to those questions will inform the answer to the question in your post.

  3. #3
    Join Date
    Sep 2020
    Posts
    178

    Default Re: Live in Caregiver Fired, but Won't Leave

    Using your favorite web search engine (e.g. Google), enter the following phrase: California removing an employee from employer provided housing

  4. #4
    Join Date
    Nov 2009
    Posts
    881

    Default Re: Live in Caregiver Fired, but Won't Leave

    Here are a few additional questions:

    1. How long has she been there?
    2. Is there a written rental agreement separate from any other written contract?
    3. Have you tried asking the local police department to remove her and if so, what did they say?
    4. Is there any evidence that she abused your sister?

  5. #5
    Join Date
    Mar 2013
    Posts
    18,302

    Default Re: Live in Caregiver Fired, but Won't Leave

    Quote Quoting Kriscal5
    View Post
    My question involves independent contractors in the state of: California
    I have a care giver that was to care for my sister in her home from 9pm-9am in return she received free room. Things jyst haven't been working out, she drinking on her hours of work, neglecting to do her duties and has been fired. Do I have to go through the whole eviction process to have her out of the home or doesn't she have to leave because she has been fired and considered an employee, not a tenant.
    The following is from the CA court self-help website:

    If the tenant works for the landlord and lives on the property without paying rent as a condition of employment, the landlord can file an unlawful detainer case without first serving notice if the tenant no longer works for the landlord. It does not matter if the tenant quits or is laid off.
    https://www.courts.ca.gov/11034.htm

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