What to do ifI had a live-in nanny who watched my children in exchange for paying rent but now that she has now been terminated she refuses to leave?

The nanny was terminated for drinking while watching my children. It has been 5 weeks and she is refusing to leave the home. I also tried to have her served with eviction papers but she is refusing to open the door as well.

Asked on December 8, 2011 under Real Estate Law, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the former nanny is remaining in your residence after termnation and is refusing eviction papers to be served upon her, the process server needs to subserve her where she is located assuming some other person is residing there with her.

If you have a landlord tenant attorney assisting you in this endeavor, let the attorney take care of the service. If you do not have a lanlord tenant attorney assisting you, you should retain one.

Sooner or later the nanny will have to come out of the unit she is occupying to get food, go shopping or do other things. That will be the time the process server can then serve her with the eviction papers. If the papers are the notice of eviction, they can be mailed to the nanny. The summons and complaint have to be personally served or subserved.

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