Firing live in nanny

[Anonymous]

Anonymous wrote:The original post was back on 8/13. The nanny has been fired and moved out already by now.

This is one of the reasons why its better to hire a live in nanny with tenant status dependent on employment. Some people do hire live in nannies and then subtract the rent. In areas where live-in nannies make below minimum wage, this is one way to pay less. The live in is paid minimum wage for all hours worked but then the rent value is subtracted post-tax. In this situation, the nanny is paying a rent and it is a landord/renter tenant situation subject to higher laws than a tenant conditioned on employment or at-will. The above scenario is more economical to the employer but creates more difficult tax accounting and more complexity with termination. Room/board conditioned on employment allows for easier termination for the employer and pays higher for the nanny as the lowest rate would be minimum wage.

Is there any jurisdiction that would allow an employer to put a live-in nanny on the street, without "reasonable" notice, during which time the nanny can secure a new live-in job?

[Anonymous]

Can you list any jurisdictions that define tenancy dependent on employment or tenancy at-will as equal to the definition of tenant and landlord status? I doubt it because if you dig into the local laws the definition of a tenant is specifically defined. If the live-in nanny is paying rent, her tenancy is in exchange for rent and renters protection laws apply to her as collection for past due rent laws apply for the landlord.

If the live in nanny is not paying rent, she is living there as a condition of employment (which makes the economic value of her room/board a non taxable benefit to her). If employment ends, there no longer is a requirement for her to stay.

My cousin was a live in nanny in Washington state and BIL is an attorney. Landlord/tenant laws are not the same for live-ins where the position is for the convenience of the job/employer which is how most nannies and employers set it up.

[Anonymous]

Wow..OP, she sounds just rotten. I am so sorry you are going through this.

I completely understand you not wanting her in your home after firing her.
You might want to check the laws in your state regarding Landlord/Tenant rights because I think legally she may be your Tenant....though not too sure.

[Anonymous]

However, since she is not in effect paying you any rent, maybe you can just give her a "3-day" notice to leave?? You know...The notice Landlords give Tenants who default on their rental payments. Plus, I am assuming she didn't pay you a security deposit prior to move-in and you had no rental agreement or lease in effect, right?

[Anonymous]

Anonymous wrote:However, since she is not in effect paying you any rent, maybe you can just give her a "3-day" notice to leave?? You know...The notice Landlords give Tenants who default on their rental payments. Plus, I am assuming she didn't pay you a security deposit prior to move-in and you had no rental agreement or lease in effect, right?

You have to check your local laws with your police dept. I happen to know that in Fairfax County, in Northern Va, your "housemate" doesn't even have to be paying you a dime of rent, but is afforded legal tenant rights, just because they lived in your house. I suspect they don't have room in the homeless shelters, everytime two people in the same house have an argument.

Again, you have to check your local laws.

[Anonymous]

Anonymous wrote:

Anonymous wrote:However, since she is not in effect paying you any rent, maybe you can just give her a "3-day" notice to leave?? You know...The notice Landlords give Tenants who default on their rental payments. Plus, I am assuming she didn't pay you a security deposit prior to move-in and you had no rental agreement or lease in effect, right?

You have to check your local laws with your police dept. I happen to know that in Fairfax County, in Northern Va, your "housemate" doesn't even have to be paying you a dime of rent, but is afforded legal tenant rights, just because they lived in your house. I suspect they don't have room in the homeless shelters, everytime two people in the same house have an argument.

Again, you have to check your local laws.

How did this go down, OP?

[Anonymous]

The live in nanny is never a tennant. I was a landlord and lived in the property with tennants, and because I lived in the property, I had the legal right to throw them out that night. It is like a guest coming to your home, if you want them out, it is your right, if it is not your home, and you are renting it to that person, then they are a tennant. Its different.

[Anonymous]

Anonymous wrote:MB here. Talk to her first. Is something going on in her life? Not that that is an excuse, but if she's dealing with something that could explain her behavior. I assume you contacted her references and would imagine they would have told you if this behavior was normal for her. Did she move to be your live in nanny?

At least if you talk to her, you can put her on notice and she knows she either has to shape up or start looking for another living situation.

This sounds like those store who ask you to return defective items to the manufacturer instead of the store. If I just bought something and it's broken the most I would do is take it back and exchange it. I'm not going to pay to send it away for 3 weeks to get repaired. Same thing here, if she JUST started a family should not have to deal with her drama or fix her problems. Sure, if she had working for the family for 2 years and then broke up with her boyfriend she would deserve some sympathy and assistance, but you don't start a new job and then suck right off the bat and deserve any special treatment.

And to the PP above you, I believe she does deserve to become homeless, she clearly misrepresented herself and took advantage of this family.

[Anonymous]

Anonymous wrote:You have 2 issues: 1. she is an employee. If you have cause, you can term immediately. You are not required to give notice in Va. 2. However, she's also a tenant and, as such, has tenant's rights. You are required to serve her a 30 day notice or she can sue you for unlawful eviction.
I'd give her a 30 day and try to avoid her for the month. I might give her a little "bonus" or "severance package" as an incentive to get out ASAP. $1000 should cover her moving expenses and make a small dent in a deposit and first month's rent on a new place.

LOL you are a horrible employee, so I am offering you $1000 bonus.

[Anonymous]

Anonymous wrote:The live in nanny is never a tennant. I was a landlord and lived in the property with tennants, and because I lived in the property, I had the legal right to throw them out that night. It is like a guest coming to your home, if you want them out, it is your right, if it is not your home, and you are renting it to that person, then they are a tennant. Its different.

You're really mixed up. You had must check your local laws before doing anything stupid.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The live in nanny is never a tennant. I was a landlord and lived in the property with tennants, and because I lived in the property, I had the legal right to throw them out that night. It is like a guest coming to your home, if you want them out, it is your right, if it is not your home, and you are renting it to that person, then they are a tennant. Its different.

You're really mixed up. You had must check your local laws before doing anything stupid.

best, not must

[Anonymous]

The live in nanny is never a tennant. I was a landlord and lived in the property with tennants, and because I lived in the property, I had the legal right to throw them out that night. It is like a guest coming to your home, if you want them out, it is your right, if it is not your home, and you are renting it to that person, then they are a tennant. Its different.

I have a hard time believing you were a landlord when you can't manage to spell tenant correctly.

[Anonymous]

Anonymous wrote:

The live in nanny is never a tennant. I was a landlord and lived in the property with tennants, and because I lived in the property, I had the legal right to throw them out that night. It is like a guest coming to your home, if you want them out, it is your right, if it is not your home, and you are renting it to that person, then they are a tennant. Its different.

I have a hard time believing you were a landlord when you can't manage to spell tenant correctly.

Yeah, I noticed that to. I bet anything she's nothing but a bored mb troll, not a landlord.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

The live in nanny is never a tennant. I was a landlord and lived in the property with tennants, and because I lived in the property, I had the legal right to throw them out that night. It is like a guest coming to your home, if you want them out, it is your right, if it is not your home, and you are renting it to that person, then they are a tennant. Its different.

I have a hard time believing you were a landlord when you can't manage to spell tenant correctly.

Yeah, I noticed that to. I bet anything she's nothing but a bored mb troll, not a landlord.

I absolutely believe that my landlord cannot spell tenant correctly.

But I also believe he knows our state's eviction laws, and no, you cannot throw someone who pays rent, in cash or in hours worked, without notice. Even if you live in the same property!

[Anonymous]

Thirty days notice is typically required by law, unless there's criminal activity, of course.