Sunnyvale, CA asked in Employment Law, Employment Discrimination and Landlord - Tenant for California

Q: DOes a live-in caregiver have a right to receive notice, before asked to move out of the residence?

I'm a live in cargiver. The other caregiver, who is a relative and also lives at the house has turned against me and is trying to force me to move out immediately. What rights do I have?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: To answer this question accurately, we need to consider a few key points:

1. Live-in caregiver status: Your rights may depend on whether you're considered an employee, a tenant, or both.

2. Employment agreement: The terms of your employment contract, if you have one, could affect your rights.

3. California law: California has specific laws protecting both employees and tenants.

Given these factors, here's a general overview:

1. If you're considered a tenant:

- In California, landlords typically must provide at least 30 days' written notice to terminate a month-to-month tenancy if the tenant has lived in the unit for less than a year.

- If you've lived there for more than a year, you're entitled to 60 days' notice.

- Even without a formal lease, you may have tenant rights if you've been living there and paying rent (which could be in the form of services).

2. If you're considered an employee:

- California law requires employers to provide advance notice before terminating employment in certain situations, particularly if it affects your housing.

- The specific notice period can vary based on your employment agreement and circumstances.

3. Additional considerations:

- If your housing is provided as part of your compensation, your employer may need to provide both employment termination notice and eviction notice.

- If there's a written agreement specifying notice periods, those terms may apply.

Given the complexity of your situation, it would be advisable to:

1. Review any written agreements you have regarding your employment and housing.

2. Consult with a local employment law attorney or tenant rights organization for specific advice tailored to your situation.

3. Document all interactions and keep records of your employment and residency.

Remember, the other caregiver, even if they're a relative, doesn't necessarily have the authority to force you out immediately. Only the property owner or your official employer can initiate proper termination procedures.

Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Generally, if housing is part of the employment bargain, the employer can terminate the right to be on the premises immediately upon termination of the employment relationship. No advance notice is required.

There are some narrow situations where you might be considered a tenant. However the vast majority of live in caregiver situations will not be a tenant situation.

Good luck to you.

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