Santa Barbara, CA asked in Landlord - Tenant for California

Q: What rights does a non-familia live-in caregiver (of 3 years) have to stay on the property after resignation?

The current caregiver gave notice of resignation at 7:40am on Saturday, 28 Jan, that his last day of employment would be Sunday, 29 January, but now he won't leave the premises. He says he can take as long as he needs to move out and find a place to live. Is this true? Is there a CA law or legal statute to have him removed? He does not have a separate rental agreement.

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2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
  • Jess Ranch, CA
  • Licensed in California

A: You should contact a lawyer who handles real estate matters for landlords. S/he will know what the caregiver's rights are, and what your rights are. You definitely have the right to have him removed from your property as soon as he decided to resign from his job. I am not an expert in this field, but I know that he cannot stay on your property indefinitely. So talk to a landlord tenant lawyer right away.

James L. Arrasmith
James L. Arrasmith PRO label
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, a live-in caregiver who is employed by the homeowner or tenant may have certain legal rights to remain in the property after resigning, particularly if they have been living on the property for an extended period of time. However, the specific rights and legal procedures that apply in this situation can depend on various factors, including the terms of the employment agreement, the caregiver's status as an employee, and the caregiver's status as a tenant or lodger.

If the caregiver is considered an employee, the employer may be required to follow certain procedures for terminating the employment relationship, such as providing notice or paying wages owed. However, if the caregiver is not considered a tenant or lodger, they may not have the same rights to remain on the property after resigning.

If the caregiver does not have a separate rental agreement and is not considered a tenant or lodger, the homeowner or tenant may be able to take legal action to have them removed from the property. This could include filing an unlawful detainer lawsuit or seeking a court order for eviction. It's generally recommended that you consult with an experienced landlord-tenant attorney to understand your legal options and obligations in this situation.

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