Structuring a live in nanny this way... RSS feed

Anonymous
Anonymous wrote:I would think long & hard before doing this.

It could work out if you all discuss the rules/changes involved. Remember, being someone's landlord is a job in itself just like you stated.

If you all can agree to the terms in the "Landlord/Tenant" lease agreement, then I think that this is a wonderful thing for you to do for your nanny. Getting to pay a reduced fee in rent is an awesome perk!

Good luck.

It's only a perk if it is provided as part of her employment compensation. If she's a legal tenant, then it's not a perk, it's what they agreed to charge her, and if this isn't a part of the employment relationship, then the nanny doesn't HAVE to move out if and when the employment relationship ends.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:This is a recipe for disaster.


Op here. Could you please explain more? I realize that many nannies don't want to be live ins but she was the one who brought it Up. Plus, the set up allows for pretty good privacy away from us.

But yes, please explain more. I'm open To hearing about things I may be missing!

What you are missing is that the setup you are contemplating makes you two things with two SEPARATE sets of obligations: landlord and employer. That means that you, as a landlord, will have all liabilities and obligations of a landlord.

Do you have a good idea of what these are in your jurisdiction?

Do you understand what things and procedures you will have to undertake as a landlord?

Do you know if you need a business license as a landlord? Do you know what, if any, inspections are required for this to be a legal rental?

Do you know what her rights are as a tenant, especially in the event that your nanny/employer relationship is severed? You are assuming that her tenancy will be concurrent with her employment; this may not be the case. It can be, but it doesn't have to be. In DC, for instance, it is very difficult to terminate the tenancy you no longer want. So the nanny will be able to stay at this apartment, at this ridiculously low rate, for as long as she wishes, and not necessarily for ONLY as long as she wants.

You are much better off structuring this as a straightforward live-in nanny agreement because under this scenario you have a lot more rights and they are much more clear-cut. The landlord/tenant relationship is qualitatively and legally different from nanny/employer, and I think, having read this, that you are assuming that the two will merge, while they are in fact completely separate.


Meant to say "ONLY as long as the OP wants."
Anonymous
Anonymous wrote:
Anonymous wrote:I would think long & hard before doing this.

It could work out if you all discuss the rules/changes involved. Remember, being someone's landlord is a job in itself just like you stated.

If you all can agree to the terms in the "Landlord/Tenant" lease agreement, then I think that this is a wonderful thing for you to do for your nanny. Getting to pay a reduced fee in rent is an awesome perk!

Good luck.

It's only a perk if it is provided as part of her employment compensation. If she's a legal tenant, then it's not a perk, it's what they agreed to charge her, and if this isn't a part of the employment relationship, then the nanny doesn't HAVE to move out if and when the employment relationship ends.


And OP would be bound for the rest of the contract term to charge only what the stated rate is.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:This is a recipe for disaster.


Op here. Could you please explain more? I realize that many nannies don't want to be live ins but she was the one who brought it Up. Plus, the set up allows for pretty good privacy away from us.

But yes, please explain more. I'm open To hearing about things I may be missing!

What you are missing is that the setup you are contemplating makes you two things with two SEPARATE sets of obligations: landlord and employer. That means that you, as a landlord, will have all liabilities and obligations of a landlord.

Do you have a good idea of what these are in your jurisdiction?

Do you understand what things and procedures you will have to undertake as a landlord?

Do you know if you need a business license as a landlord? Do you know what, if any, inspections are required for this to be a legal rental?

Do you know what her rights are as a tenant, especially in the event that your nanny/employer relationship is severed? You are assuming that her tenancy will be concurrent with her employment; this may not be the case. It can be, but it doesn't have to be. In DC, for instance, it is very difficult to terminate the tenancy you no longer want. So the nanny will be able to stay at this apartment, at this ridiculously low rate, for as long as she wishes, and not necessarily for ONLY as long as she wants.

You are much better off structuring this as a straightforward live-in nanny agreement because under this scenario you have a lot more rights and they are much more clear-cut. The landlord/tenant relationship is qualitatively and legally different from nanny/employer, and I think, having read this, that you are assuming that the two will merge, while they are in fact completely separate.


Meant to say "ONLY as long as the OP wants."

You seem to suffer from anxiety, don't you? It shows and I feel sorry for you.
Anonymous
Most posters here don't appreciate the fact that op has the benefit of an established relationship with the nanny based on mutual trust. But just as in a marriage, the unexpected can still happen, so it's good for all to be fully informed of local laws.

Op may wish to disclose where she resides in case there are any landlord/tenant attorneys here. I happen to know that in VA, op would have to give 30 days notice to vacate, so the nanny could secure another residence. This applies only if the nanny was outright paying for the space, or receiving reduced wages due to the live-in arrangement.

Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:This is a recipe for disaster.


Op here. Could you please explain more? I realize that many nannies don't want to be live ins but she was the one who brought it Up. Plus, the set up allows for pretty good privacy away from us.

But yes, please explain more. I'm open To hearing about things I may be missing!

What you are missing is that the setup you are contemplating makes you two things with two SEPARATE sets of obligations: landlord and employer. That means that you, as a landlord, will have all liabilities and obligations of a landlord.

Do you have a good idea of what these are in your jurisdiction?

Do you understand what things and procedures you will have to undertake as a landlord?

Do you know if you need a business license as a landlord? Do you know what, if any, inspections are required for this to be a legal rental?

Do you know what her rights are as a tenant, especially in the event that your nanny/employer relationship is severed? You are assuming that her tenancy will be concurrent with her employment; this may not be the case. It can be, but it doesn't have to be. In DC, for instance, it is very difficult to terminate the tenancy you no longer want. So the nanny will be able to stay at this apartment, at this ridiculously low rate, for as long as she wishes, and not necessarily for ONLY as long as she wants.

You are much better off structuring this as a straightforward live-in nanny agreement because under this scenario you have a lot more rights and they are much more clear-cut. The landlord/tenant relationship is qualitatively and legally different from nanny/employer, and I think, having read this, that you are assuming that the two will merge, while they are in fact completely separate.


Meant to say "ONLY as long as the OP wants."

You seem to suffer from anxiety, don't you? It shows and I feel sorry for you.

Poor people can afford to be careless, I can't.
Anonymous
In addition to being clear on the obligations of a landlord, I would also make sure that you were really clear and explicit about preventing job creep. Just because she lives on the property doesn't mean that she wants to be your last-minute babysitter, or stay longer at work.

Also be clear about privacy and her right to have visitors, etc.

Also, if for any reason, the employment relationship is terminated, she will still be living on your property. Will that be too uncomfortable?
Anonymous
Hi OP, I am a live in nanny and I think your proposal is somewhat fair. It basically depends on how much you pay her now, you don't want to charge her 1/2 of what she's paid considering it sounds like the space wasn't really utilized any way. Overall, no more than 1/3 of what's she's paid monthly sounds good and fair. I will admit the family I work for (I for got to mention I go home on weekends) have given me a credit to buy my food/toiletries and gas with. You don't have to do this, but just consider what her costs may be if you want to do this; as you said she came to you all so I'd assume she may have thought of all of this too ? Good luck
Anonymous
I would think you could solve the "move out" problem by writing the lease such that the actual rent is higher, but part of her compensation is a rent discount. If the employment relationship ends, then in 30 or 60 days, the rent would revert to full price.
Anonymous
Anonymous wrote:I would think you could solve the "move out" problem by writing the lease such that the actual rent is higher, but part of her compensation is a rent discount. If the employment relationship ends, then in 30 or 60 days, the rent would revert to full price.


This is a very good idea.
Anonymous
Anonymous wrote:I would think you could solve the "move out" problem by writing the lease such that the actual rent is higher, but part of her compensation is a rent discount. If the employment relationship ends, then in 30 or 60 days, the rent would revert to full price.


But that makes it so that she is a live-in nanny, not a nanny and a renter.
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