Live-in Nanny Refuses to Work or Leave-House

Reports of actual crimes and investigations, not hypothetical situations.

Moderators: carlson1, Keith B


Topic author
rp_photo
Senior Member
Posts in topic: 2
Posts: 853
Joined: Thu Dec 16, 2010 10:07 am

Live-in Nanny Refuses to Work or Leave-House

#1

Post by rp_photo »

I'm thinking that this would be resolved more quickly in Texas one way or another:

http://www.breitbart.com/Breitbart-Cali ... eave-House" onclick="window.open(this.href);return false;.

Would it be legal under Castle Coctrine to force her out at gunpoint or the threat of deadly force?
CHL since 2/2011
Glock 26, S&W 442, Ruger SP101 .357 3",
S&W M&P 40, Remington 870 Express 12 ga 18"
User avatar

Jumping Frog
Senior Member
Posts in topic: 1
Posts: 5488
Joined: Wed Aug 25, 2010 9:13 am
Location: Klein, TX (Houston NW suburb)

Re: Live-in Nanny Refuses to Work or Leave-House

#2

Post by Jumping Frog »

Tenants have rights in Texas, just like they have rights in California and other states.

Family needs to evict her. They should also expect her to file for unemployment.

"Castle Doctrine" does not apply to force used against someone who has the legal right to be in the premises.

If this family hired her to watch their 3 young children, why wouldn't they perform a background check?
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
User avatar

C-dub
Senior Member
Posts in topic: 2
Posts: 13562
Joined: Sat May 16, 2009 7:18 pm
Location: DFW

Re: Live-in Nanny Refuses to Work or Leave-House

#3

Post by C-dub »

Change all the locks and passwords and garage door opener codes when she leaves the house.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider

Topic author
rp_photo
Senior Member
Posts in topic: 2
Posts: 853
Joined: Thu Dec 16, 2010 10:07 am

Re: Live-in Nanny Refuses to Work or Leave-House

#4

Post by rp_photo »

Jumping Frog wrote: "Castle Doctrine" does not apply to force used against someone who has the legal right to be in the premises.
Texas is an employment at will state, meaning that she can be fired for any non-discriminartory reason and immedately ordered to leave the property or face trespassing charges.

If my employer terminated me, I would have no right to remain on their property and it should be the same case here.

Also, she's obviously mentally unstable and a threat to herself and others in the home. The family should be requesting a 72 hour observation, during which time they could secure the home.
CHL since 2/2011
Glock 26, S&W 442, Ruger SP101 .357 3",
S&W M&P 40, Remington 870 Express 12 ga 18"
User avatar

VMI77
Senior Member
Posts in topic: 2
Posts: 6096
Joined: Tue Jun 29, 2010 5:49 pm
Location: Victoria, Texas

Re: Live-in Nanny Refuses to Work or Leave-House

#5

Post by VMI77 »

I don't know what the law is here for a circumstance like this, but supposedly, in Commiefornia, when they agreed to exchange living accommodation for services they created a landlord-tenant relationship. So in effect, it created the same situation as if she was living in an apartment, and that makes them subject to the same rules as any landlord renting an apartment. This woman has probably run this scam before, taking advantage of the law. Apparently she has a record of suing and freeloading.
"Journalism, n. A job for people who flunked out of STEM courses, enjoy making up stories, and have no detectable integrity or morals."

From the WeaponsMan blog, weaponsman.com

gljjt
Senior Member
Posts in topic: 2
Posts: 826
Joined: Wed May 21, 2014 9:31 pm

Re: Live-in Nanny Refuses to Work or Leave-House

#6

Post by gljjt »

Time for a scheduled (give her notice notice) Orkin visit. Whole house bug bomb! I would also call CPS on her. Seriously, before that, I would consult legal counsel.
User avatar

puma guy
Senior Member
Posts in topic: 1
Posts: 7784
Joined: Thu Jul 23, 2009 2:23 pm
Location: Near San Jacinto

Re: Live-in Nanny Refuses to Work or Leave-House

#7

Post by puma guy »

Without a written lease or rental agreement most states automatically revert to a month to month rental and only require 30 day notice on either party to end. After the notice is ignored simply start eviction proceedings. The owner can't change the locks, but they don't have to provide food for her and if she steals food from the family's larder she can be arrested for theft. I would keep the toilet paper locked up, too! :biggrinjester:
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!

gljjt
Senior Member
Posts in topic: 2
Posts: 826
Joined: Wed May 21, 2014 9:31 pm

Re: Live-in Nanny Refuses to Work or Leave-House

#8

Post by gljjt »

puma guy wrote:Without a written lease or rental agreement most states automatically revert to a month to month rental and only require 30 day notice on either party to end. After the notice is ignored simply start eviction proceedings. The owner can't change the locks, but they don't have to provide food for her and if she steals food from the family's larder she can be arrested for theft. I would keep the toilet paper locked up, too! :biggrinjester:
THIS!!!
User avatar

Jim Beaux
Senior Member
Posts in topic: 1
Posts: 1356
Joined: Mon Feb 20, 2012 11:55 pm

Re: Live-in Nanny Refuses to Work or Leave-House

#9

Post by Jim Beaux »

puma guy wrote:Without a written lease or rental agreement most states automatically revert to a month to month rental and only require 30 day notice on either party to end. After the notice is ignored simply start eviction proceedings. The owner can't change the locks, but they don't have to provide food for her and if she steals food from the family's larder she can be arrested for theft. I would keep the toilet paper locked up, too! :biggrinjester:

Maybe you want to re-think this......I mean.... really... think about this.....you know....the uh....well, think about it.. :smilelol5:
“In the world of lies, truth-telling is a hanging offense"
~Unknown
User avatar

baldeagle
Senior Member
Posts in topic: 1
Posts: 5240
Joined: Tue May 25, 2010 8:26 pm
Location: Richardson, TX

Re: Live-in Nanny Refuses to Work or Leave-House

#10

Post by baldeagle »

http://losangeles.cbslocal.com/2014/06/ ... t-get-out/" onclick="window.open(this.href);return false;
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms. James Madison
NRA Life Member Texas Firearms Coalition member

Tic Tac
Senior Member
Posts in topic: 1
Posts: 280
Joined: Mon May 27, 2013 4:00 pm

Re: Live-in Nanny Refuses to Work or Leave-House

#11

Post by Tic Tac »

Jumping Frog wrote:Tenants have rights in Texas, just like they have rights in California and other states.
Yes but as the police reportedly told the con artist's victims, that's a civil matter.

cb1000rider
Senior Member
Posts in topic: 4
Posts: 2505
Joined: Wed Jun 12, 2013 3:27 pm

Re: Live-in Nanny Refuses to Work or Leave-House

#12

Post by cb1000rider »

C-dub wrote:Change all the locks and passwords and garage door opener codes when she leaves the house.
That's bad advice from a legal standpoint when dealing with a landlord/tenant relationship.
That's great advice from a standpoint of getting just a touch of what she deserves.
User avatar

The Annoyed Man
Senior Member
Posts in topic: 1
Posts: 26850
Joined: Wed Jan 16, 2008 12:59 pm
Location: North Richland Hills, Texas
Contact:

Re: Live-in Nanny Refuses to Work or Leave-House

#13

Post by The Annoyed Man »

Marcela, a mother of three, found Stretton on Craigslist in March.
There's your problem right there.......
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

#TINVOWOOT
User avatar

Superman
Senior Member
Posts in topic: 1
Posts: 309
Joined: Tue Feb 14, 2012 6:44 pm
Location: DFW

Re: Live-in Nanny Refuses to Work or Leave-House

#14

Post by Superman »

There are "creative" ways to make her WANT to move out...they just need to think a little (I know that's a stretch since they were idiots getting themselves into this situation).
User avatar

jmra
Senior Member
Posts in topic: 4
Posts: 10371
Joined: Tue Feb 03, 2009 6:51 am
Location: Ellis County

Re: Live-in Nanny Refuses to Work or Leave-House

#15

Post by jmra »

The Annoyed Man wrote:
Marcela, a mother of three, found Stretton on Craigslist in March.
There's your problem right there.......
:iagree:
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member
Post Reply

Return to “The Crime Blotter”