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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3060
Experience:  Civil litigation attorney for individuals and businesses.
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I employed a live-in nanny who lived in my guest unit, and

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I employed a live-in nanny who lived in my guest unit, and her residency was part of her employment agreement. She was not a tenant, nor did she pay rent. It was considered part of her compensation of the employment. There is no written agmt between us. I had already intended to fire her due to behavior erratic and being unreliable. Then I searched her room and found pipes for smoking Meth during one of the many times she'd gone "awol." I advised her that she was not allowed back on the property but could have someone else come pack her things, which equate to the contents of a one-bedroom apt. i.e. bed, sofa, tables, TV, many personal belongings, kitchen items, paintings, etc.

I gave her a time limit. She said she could not find anyone to help because she didn't want to tell her family she was fired. Then she said her cousin would help. I gave her a time limit for him to contact me by. He has not. She is no longer returning my texts. I have contacted her cousin via text but have not heard back. I am aware of Tortious Interference and do not intend to tell him the reasons she was fired, but simply that her things must be removed asap.

Failing that, what are my obligations to keep her things here? I have researched having them packed, moved and put into a storage locker, but it is VERY expensive, must be in my name (which means lying that the possessions are mine, which I do not feel comfortable doing), or telling the truth and no facility will let me store someone else's things without their being there too. None of the above is anything I am in a position to do. I am single mom w 2 kids, one is special needs. I am in the middle of a divorce.

I need to know what reasonable steps I must take before I can call the Goodwill.
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I am sorry that you have suffered both a violation of trust with this individual and are now dealing with this matter of her belongings. The proper way to take care of this individual is through an "unlawful detainer" and eviction proceeding against her.

William B. Esq. :

While she did not pay rent, and the housing was part of her employment agreement, evicting a person from their dwelling requires the use of this summary judicial proceeding to return possession of the real property back to the landlord and to terminate the occupancy by the tenant. The good part about this is that if she is not responding, and fails to answer the unlawful detainer complaint, the matter moves very quickly.

William B. Esq. :

I can provide you with a couple of websites that are very helpful in understanding the process, the necessary notice (You can use shortened notice as there is evidence of unlawful activity on the premises), and how to file your case.

William B. Esq. :

Here is a website from the California Department of Consumer Affairs (the sub-links are helpful as well, so please use them if they apply to your specific matter): http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

William B. Esq. :

And here is the link to the California Courts website specifically for unlawful detainer actions: http://www.courts.ca.gov/11010.htm

Customer:

Thank you Bill, you sound very nice and on the ball. I do not have any way to know WHERE to serve her with the Unlawful Detainer or Notice of Eviction. Which website is easiest to navigate as I am a bit of a luddite when it comes to things like this. All I have is her cell #, and her cousin's cell #. I am really frightened, utterly overwhelmed by everything (divorce, 2 kids w 2 new schools, only one me. No family to help. My ex not helping. I weigh 97 lbs. Super cute, but way too thin. I am frail and super-stressed. My daughter's symptoms are exacerbated by stress. I don't know how much more I can handle at this juncture, or time to devote to this matter.

William B. Esq. :

The Dept. of Consumer Affairs is generally the easiest to navigate. You can provide notice by posting the notice on the door to the property (or entry door to the separate property), I am trying to locate the definitions for service in the website for you.

William B. Esq. :

Here are the definition sections for service, along with helpful tips to assist in your future court proceedings (if necessary).

William B. Esq. :

This page may be more specific, try the final section regarding how to give notice. (my apologies for the double posting): http://www.dca.ca.gov/publications/landlordbook/terminations.shtml#properserviceofnotices

Customer:

Thank you! The caveat here is that I live in home that is a gated property. I have changed all the locks and gate codes. I have told her that she is not allowed back on the premises and that if she attempts access I will call the police. So I can put the notice on the door but she will not be able to see it. There is no separate entry without entering the property. My soon to be ex will go nuclear if I allow her back onto the property and could use against me in custody proceedings to illustrate bad judgment. And of course, I didn't know she was up to this stuff. I was going to fire her anyway because of her behavior. She has denied the meth paraphenalia is hers. She has his phone # XXXXX many others. People who would have reason to see me in trouble (like the ex and his fiancé).

William B. Esq. :

You must give her written notice of the eviction. You can do it by mailing, or hire a process server to track her down. You can post it on the gate in the event she were to come back (leave it there for 3 days), you can text her, but you must give her written notice (a formal letter is best, XXXXX XXXXX have to use the best efforts to notify her that you intend to take this action.

William B. Esq. :

Regarding the issues with your ex and his fiance. Unfortunately, I am not able to be as of much assistance with this matter. If you are represented by family law counsel, please advise them of what action you intend to take (they do not have to perform the unlawful detainer for you, but give them advance notice of what you are doing before you serve this individual, an attorney has a far better chance of helping if they know what to expect before things start happening).

William B. Esq. :

The question about whether having this individual as an employee is already there, you are simply ending her employment there and evicting her from the home in a reasonable and prudent fashion. While there may be ways that things can be twisted and manipulated, it does not mean you should allow a potentially dangerous condition continue in your home. But with that being said, I am not able to give you specific strategic advice or legal instruction as we cannot practice law through the forum (we just don't have enough of the facts to make a proper analysis for your case, and we are prohibited by our state bar, but hopefully the information is helpful in making your decisions).

William B. Esq. :

Dear Customer, thank you for using our service today, please do not forget to rate my answer when you are satisfied. I have had some issues lately with browser compatibility so I will move our conversation to our forum's "Q&A" format, to ensure that you can view my answer, and that I can respond to any further questions you may have. Best regards, Bill.

Customer:

I do have an email address for her I realize, but who is to say that she will read it, or a text... Do you know how I can contact a process server? The only thing I know is where her children go to school or that her ex works for the MTA. But I believe if I embarrass her in any way with her family or kid's school, or if her ex were to terminate the visitation rights he allows, that I would be invoking the Tortious Interference? Thank you Bill. You are very nice, thorough and succinct. You provide the community with a valuable service. I hope I can figure this out. Maybe someday I'll meet a nice guy like you... I am really scared.

Expert:  William B. Esq. replied 1 year ago.
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Expert:  William B. Esq. replied 1 year ago.
Unless you give her notice by one of the 3 methods identified in the link (http://www.dca.ca.gov/publications/landlordbook/terminations.shtml#properserviceofnotices), you cannot initiate the unlawful detainer action.

Giving notice that the person is being evicted does not constitute "tortious interference" You are not broadcasting her illicit activities, you are simply giving notice that she is being evicted. The contents of the notice (that she is being evicted on 3 days for violations of the lease by possessing narcotics paraphanelia on the property) are hers to share if she pleases. In addition, there is no "tortious interference" when you are pursuing your legitimate legal rights in evicting this individual. If you feel more comfortable, you can hire a process server with instructions to perform the service discretely.

The only issue I see is that you are being blackmailed by the threat that if you pursue your legitimate and legal options in evicting this individual she "may" make false statements to your ex and others about you to influence your divorce proceeding. If she has actually threatened you with this (as opposed to it being something you simply wish to avoid by avoiding this otherwise unnecessary confrontation with her), that would constitute extortion, which is a crime. (She is using illegal threats against you to stop you from continuing your lawful eviction process).

While I cannot give you any way to guarantee that this indivdual will not talk to your ex, his fiancee, or others, I can tell you that unless you provide her with proper notice to start the unlawful detainer proceeding, you will not be able to get her out of your home.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3060
Experience: Civil litigation attorney for individuals and businesses.
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