California family stuck with 'nightmare nanny' who refuses to work and will not leave

[RoryTee]

A family in the US are trying to work out how to evict a woman who was hired as a nanny, stopped working and now refuses to leave their home.

Marcella and Ralph Bracamonte, from Upland in California, said they hired the 64-year-old from Craigslist in March to look after their three children.

She was offered free accommodation in exchange for helping with the children and around the house, according to the couple.

Mrs Bracamonte told ABC News the first few weeks were great but then it changed.

“All of a sudden she stopped working, she would stay in her room all day and only come out when food was ready,” she said.

The nanny told the couple she had a lung condition - chronic obstructive pulmonary disease - which prevented her from helping around the house.

The couple claimed the woman refused to sign new working conditions and said the job was too much for her and she would be leaving within a month.

After she then refused to sign a letter putting her 30-day notice in writing and would not leave the house, the couple called the police, who said it was a civil matter.

The couple have filed eviction papers but the nanny is threatening to sue them for wrongful dismissal and “elder abuse”, ABC reported.

The woman has already earned herself three mentions on California’s Vexatious Litigant List of people found to use repetitive or meritless lawsuits.

She is still living in the family's home and eating their food and would not answer reporters' questions when they visited the house.

“I’m not going to bend for her,” Mrs Bracamonte said. “I’m in charge, this is my house. She’s not going to scare me out of my own house.”

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http://www.independent.co.uk/news/wo...e-9568715.html

[Netherspark]

I don't understand the problem, why can they not literally just throw her out?

She's technically an intruder in their house, is she not?

[Puri]

Hm, US laws will always be a mystery to me.

Obviously it is right to shoot someone who is looking into your garage, but you cannot evict someone from your home once he is in.

Well, good luck getting rid of her.

[Deleted]

I don't understand the problem, why can they not literally just throw her out?

She's technically an intruder in their house, is she not?

I'd throw her out, but then again the Law might be more on the nannies side rather than the families or something stupid

[oxymoronic]

sometimes when libs protect the citizens they get a little crazy and write laws like this into effect... dont believe me? you think a conservative is even smart enough to think of this shit to begin with? check and mate.

Infracted

[Deleted]

Why not just get rid of all of the furniture in the room, it must be the home owners, their right and property, she wouldn't have anything to do, refuse to feed her and it she takes food contact the police for stealing.

[RoryTee]

I don't understand the problem, why can they not literally just throw her out?

She's technically an intruder in their house, is she not?

Technically she has official residency so they have to go through the legal eviction process , It's worth noting too that they can't just stop serving her meals because that could help her claim of elderly abuse in court.

Fucked up situation all around.

[Deleted]

inb4 Consuela

[Wildtree]

Hm, US laws will always be a mystery to me.

Obviously it is right to shoot someone who is looking into your garage, but you cannot evict someone from your home once he is in.

Well, good luck getting rid of her.

That's actually false.....
It's super easy, way too easy to evict someone. Just gotta follow legal procedure.
The key here is the woman threatening counter lawsuit.

But here is, how it goes for a landlord:

1. Give notice of termination of contract/eviction
2. File eviction with court.
3. Wait between 1 and 4 weeks max until eviction court date.
4. Receive verdict/title of eviction.
5. Execute eviction.
To do 5, you call the sheriff office, they come and remove the tenant from the premisses. Their personal belongings.. They either take it with them, or you can simply dump it all outside your property at the curb. You are not responsible for any of their possession.

It can't really get any easier than that.

[oxymoronic]

inb4 Consuela

noooo

nooooo

[Demsi]

inb4 Consuela

No No no mr craakar

[oxymoronic]

But here is, how it goes for a landlord:

It can't really get any easier than that.

lol that is easy? i mean shit easy would be for an "accident" to happen and the offending party is no longer with us

personally i would go bat shit crazy if somebody invaded my home and didnt leave the moment i told them. then again im not rich enough to put myself in this position so i can barely sympathize.

[Wildtree]

Why not just get rid of all of the furniture in the room, it must be the home owners, their right and property, she wouldn't have anything to do, refuse to feed her and it she takes food contact the police for stealing.

You've got to get to the furniture in the room..
Means you have to enter it.. For as long as the rental agreement isn't legally terminated by a judge, you are trespassing, even if the room is in your house.
And that makes sense, otherwise landlords could just walk into rented out property as they please. Which is way too easy in the US already anyway.
There aren't really much, let alone comprehensive laws protecting tenants.

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lol that is easy? i mean shit easy would be for an "accident" to happen and the offending party is no longer with us

personally i would go bat shit crazy if somebody invaded my home and didnt leave the moment i told them. then again im not rich enough to put myself in this position so i can barely sympathize.

Yes that is easy.... While this may be a bad case where a landlord is suffering, generally it's the tenants that are getting fucked by ruthless landlords.

[Eace]

American laws are weird. She's an intruder, just kick her the hell out.

Okay, so they made an agreement with her. So what? She already broke it by refusing to work in exchange for the accommodation. Out with the granny!

[Stelio Kontos]

Don't keep any food in the house.

Don't let her eat. Unless there was a stipulation in the contract requiring food (which I doubt), then stop eating meals there and letting her ear from them, starve the bitch out and then change the locks while she's out scrounging for food.

Possession is 9/10 of the law, and it is THEIR house.

[Eace]

That's actually false.....
It's super easy, way too easy to evict someone. Just gotta follow legal procedure.
The key here is the woman threatening counter lawsuit.

But here is, how it goes for a landlord:

1. Give notice of termination of contract/eviction
2. File eviction with court.
3. Wait between 1 and 4 weeks max until eviction court date.
4. Receive verdict/title of eviction.
5. Execute eviction.
To do 5, you call the sheriff office, they come and remove the tenant from the premisses. Their personal belongings.. They either take it with them, or you can simply dump it all outside your property at the curb. You are not responsible for any of their possession.

It can't really get any easier than that.

Except if this situation was in anywhere else but America, it would be a lot easier.

Steps you need to take:

1. Kick the invading grandma out of your house

Done.

[dd614]

Crazy labour laws they have in a place like California. The family is lucky they're Hispanic or else the nanny could scream racism and have thousands of liberal lawyers rushing to defend her and cash in.

[Wildtree]

American laws are weird. She's an intruder, just kick her the hell out.

Okay, so they made an agreement with her. So what? She already broke it by refusing to work in exchange for the accommodation. Out with the granny!

No she is not an intruder.....
This is/was a work/rental agreement..
They've hired her as nanny. Parts of the pay was to cover the rent for the room.
When she stopped working, she fell behind with the rent, since that was on auto-pay due to work.
In no modern country can a tenant get kicked out of the rental space without court decision.
In most modern countries the tenant even has the chance to catch up with the back-rent up until court date for eviction, and then the landlord cannot fire the tenant at all anymore.

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Except if this situation was in anywhere else but America, it would be a lot easier.

Steps you need to take:

1. Kick the invading grandma out of your house

Done.

Link me your country's tenant protection laws, and the laws guarding eviction and termination of rental agreements.

[Deleted]

Don't keep any food in the house.

Don't let her eat. Unless there was a stipulation in the contract requiring food (which I doubt), then stop eating meals there and letting her ear from them, starve the bitch out and then change the locks while she's out scrounging for food.

Possession is 9/10 of the law, and it is THEIR house.

Exactly what I think they should do. Easy solution.

[RoryTee]

Exactly what I think they should do. Easy solution.

What a stupid idea , This only gives her credibility in court for elderly abuse.

This is what she wants , how can you not see that?