APS was called by the doctor for negligence. Mother in law passed away (she had cancer) before a restraining order could be served. Now the caregiver is saying she has the right to stay in her home. In Oregon, is she truly a tenant, or an employee who needs to go? She paid no rent, and was paid $1500.00 a month in addition to room and board and her stay was contingent on care. She was never given a key to the home. Do we have to evict her?
And I sure hope this person was paid in compliance with state and federal law. This could become quite the legal mess if paid under the table.
When was the report made to APS?
In the absence of a restraining order, was the caregiver continuing to provide care?
The first question may be important in determining the caregiver's rights. With two and three, I'm just trying to get a picture of what was going on.
When APS are so minded, they can intervene immediately, you see. So it's difficult for outsiders to know whether this caregiver was so grievously at fault she deserves to be slung out bag and baggage after however many weeks', months' or years' service, or there has been a falling-out and the family is keen to see the back of her, or somewhere in between.
In any case I'm sorry for your loss, and sorry for the heightened tension which must be very difficult for everybody.
How long does it take to get a restraining order in Oregon?
You have a written contract with this caregiver?
How did your MIL feel about her? To have a live-in caregiver requires a special relationship.
Whatever the answers to these questions, I agree with the others that one-day notice to vacate is unreasonable. It seems that she was not so horrible that the police had to be called to remove her. Give her sufficient time to vacate because that is where she was living i.e. room and board. You'll catch more flies with honey than with vinegar.
I would first find out the law. She was an employee and now her services are not needed. I agree that u may have to evict. It will probably start with a notice to vacate. When she doesn't do that, then you will need to take her to housing court where a judge will make the decision to how to handle her.
I don't see where you would have to get involved with "if taxes were paid" blah, blah, blah. She is self employed. So she is responsible to pay income taxes. You were responsible for SS taxes though. Deducting them and matching.
Get back to us on how this works out.
However, if your contract or agreement meant that you, not she, was in charge of when she worked, times, days....not her disgration, than she became an employee! While in IC might worry about getting not being called back to work consistently if she took time off, or another job, or wanted her hours shifted...she is her own boss. She might lose a client, but she still works for herself. If you state hours to be worked, days off, etc. Then you are the boss and she is an employee, so you should have withheld taxes.
Your best bet may be to buy her out and hope she does not go to the Department of Labor.
Some states have Squatters Rights.
I would definitely get someone in the house, to stay there and guard the property. Provide her information on places affordable with immediate occupancy.
Note that no deposit was made! There was no Co-habitation ( no romantic relationship) involved. It may be worth helping with a deposit as final bonus to facilitate her quick move....cheaper than court!
Has there been a confrontation. Threats to you, tantrums, damage to the home? What was the nature of APS complaint.
I have rented rooms in my house previously. Help with housekeeping and yard was part of rent, at option of the person, so lower rent/more access to use of kitchen, etc.
I had house rules. One woman kept breaking them. Coming in high. Brought a make friend in "to talk" with my OK, then left for work with this stranger still in my house.
Leaving food in room, stashed behind bedding, door open, endangering my dog, etc.
I gave her warning. The next time she became threatening and enraged I called the police, and they removed her immediately!
People are saying 30 days notice... assuming it was a month to month arrangement. Did you pay her monthly or weekly. If weekly, it is a week to week arrangement and you need to only give her a week.
Do Take All Valuables and items of personal importance out of the house. You can remove food family purchased, towels, linens, pots , pans, dishes, toiletries, anything not listed in a contract as being provided for her use.
It is worth the price of a storage unit. You can also have family or trusted friend move into your mom's room or a spare room until the house is vacated.
The fact that she did not have a key is a relavent factor. A Tennant has a key, a worker or guest not necessarily.
First a find and print Oregon State Bar Elder Law Newsletter, Volume 6, Number 1, Winter 2003. Great Information!
Try this link ( or Google it)!
Www.Oregon State Bar/elderlaw /elder_win03.pdf
Then 72 hour notice, 4 days to vacate rule:
For nonpayment of rent, the landlord should use a 72 Hour Oregon Eviction Notice, which can be served only after the rent is more than 7-days overdue. A lease agreement may allow the landlord to give 144 hours notice to pay rent or move if the rent is more than 4-days overdue.
This took me minutes to find with that Google search. Avoid anything that is an Ad!
Be sure to give written notice of pest extermination and the date.
Thanks JoAnn!