Would they evict my mom if I moved in to be her caregiver?

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Fireball541960 Asked October 2020

Would they evict my mom if I moved in to be her caregiver?

My mom is 88 yrs old. She is almost 5 yrs into her metastatic breast cancer diagnosis. She is becoming less able to care for herself. She needs a caregiver. I want to provide those services, to keep her at home, during her last days. She has lived in a trailer park for the last 30 yrs. She owns the trailer and rents the lot. She is worried about getting evicted from her trailer if I come to stay with her, due to a lease clause, of visitors can only stay for 10 days I think it is. If I was there doing caregiver duties, can they evict her ? Can they deny me being there ? We do not want her to go to a nursing home. She does not trust anyone else to be there for her. Can they throw her out, or force me to leave ? I would be her designated caregiver, just as well, as if I hired someone to go in 24 hours out of a day. Would this be treated as a breach of lease, for having me there to take care of her? I do not plan on changing the State of my residence. I live in Az, and she lives in Wisconsin. Any insight on this issue is greatly appreciated.

Aging in Place Family Caregiver Moving

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score 1 · Answer 1

I would be upfront about everything. That way you won’t be caught being confronted by the property owner.

It will look better for you if you are open and transparent about issues rather than being sneaky by hiding it.

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score 0 · Answer 2

Rather than amend your mother’s lease, the landlord might be better off with a separate agreement with you. You might need to carry your own insurance (depending on whether the short term visitors only clause is part of the landlord’s insurance). You might need to agree to leave in 7 days if requested – the landlord doesn’t know now how nice, quiet, honest and generally OK you are, you could be horrible and upset all the other residents. The landlord might want to check with the other residents that they are OK with this very special situation – it’s not a precedent so that they can all have long term visitors. There may be other things the landlord is concerned about, quite reasonably. If you talk about it and find the worries, you (or someone who can get the wording right) may be able to deal with them adequately. At worst, you may need to move out briefly every 7 to 10 days, so that technically there are only short term stays. That might be a good idea for you too, to get a break. Good luck.

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score 0 · Answer 3

I suggest you and your mother, if she is able, talk to the property owner or manager. Whoever is in charge of collecting her rent and keeping track of the place, whoever would be the one to enforce the lease. Seems like it would be in their best interest to have you there.

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score 0 · Answer 4

Talk to the landlord. I think it could be worked out.

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score 2 · Answer 5

Your mother needs to talk to her landlord. There are liability issues associated with anyone not on the lease living there for any amount of time, which you would be doing even if you didn't change your state of residence. If you plan on receiving your mail there, the landlord may determine it constitutes a breach of her lease of the property. You also will be using the facilities provided by the landlord i.e. water, sewer hookup, etc. You will have a car on the property? All of these things can be discussed with the landlord. Most landlords do not want to evict a good tenant! Her landlord may want an addendum to her lease for you to be able to live there and take care of her. Your mother might suggest it herself and see what reaction she gets.

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score 1 · Answer 6

I would not think a caregiver would be considered the same as a visitor.

Talk to the person who your mother rents her land/lot from about your mother's health and what you would like your plans to be.

I mean, your mother has been on the property for 30 years. It is obvious that she has obeyed the rules.

I believe the owner will understand. :)

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score 0 · Answer 7

It may depend on the contract she has with the trailer park; get a copy of the contract and then call your local Agency on Agency to confirm your rights as a caregiver and seek further direction if needed, from them.
There are some rental independent living facilities (totally different than a trailer park), that do not permit another person to move into the facility without a documented medical reason (such as the need for 24 hr care giving); any exceptions must be voted on by the board -- usually an easy and quick process with supporting documentation.
Good luck!!

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score 0 · Answer 8

Your mother should discuss this with the landlord. It’s very possible that the landlord will be gladly waive this clause in her lease. But to answer your question, in your state yes the landlord can evict your mom for this, this would be a violation of her lease and legally she can be evicted. So she needs to talk to her landlord about this.

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score 1 · Answer 9

Almost certainly they will treasure the fact you are there for your Mom's care and to watch over the property. You should all their office and speak to them today. Explain what you have explained to us. Remember, you aren't a guest and you aren't a family member moving in; basically you are a caregiver, and a person who will look to see her property is cared for and her bills paid.

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score 0 · Answer 10

Call her local Area Agency on Aging and seek direction from them.

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Would they evict my mom if I moved in to be her caregiver?

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