Blog Topic

To Evict A Caretaker, What Notices, If Any, Do You Need To Serve?
Posted by: Kenny Tan
November 20, 2010

The relationship between a caretaker and a homeowner is sometimes not a clear one. Is this person an employee or a tenant? Why is it important to make the distinction?

If this person is an employee, not a tenant, then no notices are required to ask her to leave, once the employment relationship is terminated. Also, she's not entitled to any protection afforded a tenant under the law.

However, if she's a tenant, not an employee, some form of written notice (3-day, 30-day or 60-day depending on the type of tenancy) is required to evict her, and she may assert certain defenses -retaliation and discrimination to name a few - against an unlawful detainer action.

That's why the distinction is important.

Of course, if she's an employee, not a tenant, she may be protected under a  totally different set of laws - employment laws maybe. 

How do we make the distinction between whether she's an employee or a tenant? Courts look at different factors: Does she receive any salary? If she does, and her job requires her to live at the premises, she's more like an employee; if she doesn't, but instead was looking for a place to stay but couldn't afford rent and agreed to provide services around the house in exchange for a fixed amount of rent, then she's more likely to be a tenant.

Courts will need to look at the entire circumstances to decide. 

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