Imagine hiring a live-in nanny whom you later want to fire but who won't leave your house.
MARCELA BRACAMONTE: "So this lady is welcome inside my house anytime she wants to eat my food anytime she wants and harass me, basically. I'm now a victim in my home." (Via KCBS)
Ralph and Marcela Bracamonte have been sharing their story with several media outlets. And we got to wondering — how is it that they have to live with the nanny they say stopped properly caring for their three children?
So we did some digging — and turns out — landlords must give tenants written notice with a deadline, usually 30 or 60 days, outlining that if the tenant doesn't change his or her behavior in that time frame, that person will be kicked out. (Via Judicial Council of California)
Now let's apply that here. First — a little more backstory — Fox News says this nanny nightmare actually began back in March when the family hired Diane Stretton and agreed to give her free room and board in exchange for her work.
ABC reports the Bracamontes gave nanny Stretton this notice at the beginning of June, reminding her of her responsibilities and outlining the consequences for not performing those duties. Stretton refused to sign the letter, saying it wasn't legal, but said she'd be moving out in 30 days.
But soon the Bracamontes say they learned Stretton had no intention of leaving their home. And in any case, she was right that the Bracamontes hadn't properly served the so-called "three-day quit notice." And when it comes to eviction, landlords are not allowed to evict a tenant without a court order.
And because of that, Ralph Bracamonte explains to KTLA the law was on Stretton's side in this case.
"If we were to lock her out of the house, she could sue us. If we were to grab her stuff and throw it out, she could sue us."
As if that weren't bad enough — throughout this legal process, the Bracamontes have learned some unsettling details about their nanny — namely that she's apparently filed a lot of lawsuits.
Stretton is even listed on California's Vexatious Litigant List, meaning the state believes she's been abusing the system. (Via Judicial Council of California)
The Bracamontes have now served Stretton with the correct notice papers but say Stretton has threatened to sue them for wrongful termination and elder abuse. If she still refuses to move out, the case will be settled by a judge in civil court.
