Can I be evicted from my departed Mother's apartment after caring for her?

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Randi777 Asked January 2016

Can I be evicted from my departed Mother's apartment after caring for her?

My mom passed away in July 2015 unexpectantly. She had had an onset of dementia in late 1998 and I moved in to care for her in 2001, but at that time, maintained my own residence. I never occupied my own home because my mom needed continual care. It was on a live in basis for over 10 years. My home was burgularized and then inhabited by addicts.. so I ended my lease and permenantly moved in with my mother in 2005 with the landlords approval.. There was no paperwork signed.. I took care of all of her bills and medical concerns. In 2005, my mom had a major stroke that left her in a vegetative state. In July 2015 we rushed her to the hospital because she was not breathing well. She unfortunately died that night. I had meant so many times to add myself to the lease.. but due to the challenges and exhaution of caring for my mom.. then the onset of my own health issues with breast cancer.. oversized tumors in uterus and clots in my lungs, radiation treatments.. surgeries.. tests.. etc, I didn't sign a valid lease before her death.. Do I have any rights in this case as at least her daughter living there over 10 years.. and even living there as a teen in that community? My mom raised us there and has been a resident for over 40 years.. I was the last to leave the nest even then.. Am I not a tenant? Implied tenant? I am due to have surgery next month and have nowhere to return if the evict me.. I have exhausted all of my own money in caring for my mom and now basically a pauper... She lives in HUD housing, the US, northern CA.

Elder Law

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score 0 · Answer 1

Something doesn't sound right, almost 6 months have passed and the Landlord has not asked you to fill out a new application or have sent you notice to vacate?

Have you been paying rent for these past 6 months? If yes, then the Landlord is allowing you month-to-month rent but the Landlord is in control as to how many months he/she will allow this.

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score 1 · Answer 2

I feel very bad for your situation and health issues. However, HUD housing has very specific rules to be eligible to live in a SUBSIDIZED apartment. The federal government is paying for the major part of the rent and you pay a copay (probably very small since your mother was so destitute). The landlord is held to legal guidelines about tenants in this housing. The fact that you lived in subsidized housing with your mother without you being on the lease can actually cause the landlord serious legal trouble. Rent for this apartment that you have occupied for over 5 months since your mother's death would not have been at a market rate, and unfortunately due to individuals that scam the system, there are rules in place about subsidized housing. You are not a tenant without a lease that notes you specifically. Your mother's lease would contain language that says no one else lived with her and contributed to household (to be able to qualify for HUD housing). If you are on medicaid and destitute, talk with your social worker about finding you emergency housing. HUD housing has very long lists, and when a vacancy opens it is filled quickly. Your mother's death would have caused a vacancy, and they've actually given you months to find alternatives. It sucks, but HUD would be overwhelmed with family members that never left subsidized housing and continued to pay reduced rates when their elders died. It's not the same as rent controlled apartments in New York.

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score 0 · Answer 3

Their focus is that my mom is now deceased and they want the apartment.

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score 2 · Answer 4

I am confused, if you are paying rent, why would any landlord want you to move? Is this low-income or seniors only housing? Why not sign the lease?

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score 0 · Answer 5

Yes.. they know my mom passed... and actually, I paid the rent and kept all of the bills paid... never late.. always responsible.. Grear repoure with the landlord..doctors..etc.. With all the challenges that were coming at me... I never got around to adding myself to the lease.. always meant to.. sadly..thought my mom would be here longer... Thanks for your comments.

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score 1 · Answer 6

You have no rights to an apartment, especially if you do not pay the rent or sign a lease. Talk to your caseworker at social services.

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score 1 · Answer 7

Sorry to read of the passing of your Mom. It doesn't matter if you had lived in the apartment one day or 20 years under your Mother's lease. Mom was the lease-holder and once she passed, the Lease is no longer in effect. I am surprised that the apartment landlord is letting you remain in the apartment since July, or do they even know your Mother had passed on? How is the rent being paid?

Sadly it was your choice to use all of your savings to take care of your Mother. Since your Mom lived in subsidized housing, how did your Mom pay for her rent? Did she have Social Security? You might want to see if you qualify for disability through Social Security, then maybe you could qualify to stay in subsidized housing. It's worth a try, don't delay.

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Can I be evicted from my departed Mother's apartment after caring for her?

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