After 8 years of 24-hour care, my patient passed away and the mobile home park we lived in is trying to kick me out. How long do I have to find a home?
I have nowhere to go and have 2 pets of the owner's that are now left to me.
Could you afford to stay in the home, paying whatever the current rates are? If the landlord simply wants the property back so it can be rented out again, why not to you?
Katiekatie I'm not trying to disagree with you. It's a good law it sounds like and necessary to protect property owners. In the case above it was felt that the caregiver had done this before. They referred to her and her family as squatters. This wasn't a case of a live in caretaker, although she used her job as a bath aid to gather information about the vacant home. Perhaps since the caretaker didn't live with the elder is why the elder had to evict them. You've given Ohio the information needed that she has no standing under the law to remain in the home.
The American with disabilities act is Federal. No state can overrule federal law.
The landlord may choose to treat the caregiver as a tenant..only when it benefits the caregiver......but..by federal statue the landlord cannot enforce the state landlord/tenant law upon the caregiver. These were decisions handed down by HUD in their determination of how the Fair Housing act would enforce compliance of the ADA. Therefore...the caregiver is not a tenant...not subject to state level landlord/tenant law. The max the landlord can do is insist the caregiver (in home employee) is not a possible danger to the other tenants or the property. But, also, the landlord is not subject to the same required treatment of the caregiver once they cease to be an employee of the tenant.
I know all this because I was a live in caregiver with all these same issue and questions, This is Federal Law.
I know this is a tough time. If you are feeling overwhelmed don't be afraid to call the local town office and see what resources you can access. Maybe a social worker can help you make alternate plans. I know it feels overwhelming but you can do it. You will find a new place to start over.
I think it's worth repeating. States have different laws. I've known of a case where a caregiver moved into an elders vacant home next door to where they lived. She moved herself and her family in w/o permission of the elders. It took them almost a year to get the caregiver and her family out. They had to evict them and there was never a lease of any sort signed. I'm not suggesting you should do this. I'm just saying, laws vary. One can certainly understand a landlord wanting a non paying person out.
The tenancy laws do not apply to a live-in care giver. The landlord cannot put such a person on the lease. The landlord can only run a criminal check..not credit, not background on a care-giver. The landlord can require the tenant (patient) to provide a doctors written order...but that is the extent of control the landlord has. The Americans with Disabilities Act protect the patient needing the live in care giver....not the care giver.
So.the care giver is never considered a tenant in their own right.
Just like any job.,.when the job goes away...the employee is supposed to go away too.
I am sorry to be so hard ... but, this was a job. Now you need to quickly figure out what is next. The landlord may decide to be sympathetic... but, too many landlords have given a person a break...then they do become a tenant and it can take months to get them out.
You might also start trying to find a home for the pets. If your plan is to find another care position, it's going to be difficult doing so with two pets in tow. I'm sorry for the loss of your patient. 8 years is a long time.
Every state has different laws regarding eviction and each county has a slightly different process.
But, generally, once you have established residency, you have tenant rights even if you have never had a lease or paid any rent. I would find a legal clinic for help if I were you but my off the record opinion is that a formal eviction could drag out a couple of months.
My brother was living I my mother's house, no lease, no rent. He was advised I writing that he had 30 days to move out. After the 30 days passed, we filed proceedings with the court and received a court date about a month later for a court date sometime after that.
During the court hearing, the eviction was upheld and we were given paperwork to file with the local Sherriff. We turned in our paperwork and were put on the eviction list - estimated time until our eviction would have been scheduled - 6 months. (he left before that date)
On the other hand, I was working in the courthouse of a very rural county. Eviction cases were on the docket within about a week after the filing (after tenant was given proper notice to move) and when the judge ordered the eviction, the sheriff's department usually had the out in about 7-14 days.
But, the take away is that even though the process could take anywhere from 45 days to 9 months, you do nee to start looking now and try to make arrangements with the current landlord to stay a while.
If you were a live in caregiver and the trailer was owned/rented by your patient - and your name wasn't on any documents listing you as a tenant or owner - the trailer park has no legal obligation to give you any set amount of time to move out. No offense intended, but in terms of the law, you were not a legal resident in that home if your name wasn't on any paperwork involving residency, tenancy or ownership.
I would look for a new place immediately. Try to discuss the situation with the ownership of the park and see if they will at least give you a couple of weeks. Offer to pay some rent for a couple of weeks to buy some time, if they will allow it.
Edited to add: I would be extremely careful about putting yourself in this situation again. I don't know the whole story, but it sounds like you've pretty much painted yourself into a corner here by not having your own place to live or plans on what to do when your patient died. Not trying to be harsh, just stating facts.
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I'm not trying to disagree with you. It's a good law it sounds like and necessary to protect property owners. In the case above it was felt that the caregiver had done this before. They referred to her and her family as squatters. This wasn't a case of a live in caretaker, although she used her job as a bath aid to gather information about the vacant home. Perhaps since the caretaker didn't live with the elder is why the elder had to evict them.
You've given Ohio the information needed that she has no standing under the law to remain in the home.
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The landlord may choose to treat the caregiver as a tenant..only when it benefits the caregiver......but..by federal statue the landlord cannot enforce the state landlord/tenant law upon the caregiver. These were decisions handed down by HUD in their determination of how the Fair Housing act would enforce compliance of the ADA. Therefore...the caregiver is not a tenant...not subject to state level landlord/tenant law. The max the landlord can do is insist the caregiver (in home employee) is not a possible danger to the other tenants or the property. But, also, the landlord is not subject to the same required treatment of the caregiver once they cease to be an employee of the tenant.
I know all this because I was a live in caregiver with all these same issue and questions, This is Federal Law.
I know this is a tough time. If you are feeling overwhelmed don't be afraid to call the local town office and see what resources you can access. Maybe a social worker can help you make alternate plans. I know it feels overwhelming but you can do it. You will find a new place to start over.
I'm just saying, laws vary. One can certainly understand a landlord wanting a non paying person out.
So.the care giver is never considered a tenant in their own right.
Just like any job.,.when the job goes away...the employee is supposed to go away too.
I am sorry to be so hard ... but, this was a job. Now you need to quickly figure out what is next. The landlord may decide to be sympathetic... but, too many landlords have given a person a break...then they do become a tenant and it can take months to get them out.
But, generally, once you have established residency, you have tenant rights even if you have never had a lease or paid any rent. I would find a legal clinic for help if I were you but my off the record opinion is that a formal eviction could drag out a couple of months.
My brother was living I my mother's house, no lease, no rent. He was advised I writing that he had 30 days to move out. After the 30 days passed, we filed proceedings with the court and received a court date about a month later for a court date sometime after that.
During the court hearing, the eviction was upheld and we were given paperwork to file with the local Sherriff. We turned in our paperwork and were put on the eviction list - estimated time until our eviction would have been scheduled - 6 months. (he left before that date)
On the other hand, I was working in the courthouse of a very rural county. Eviction cases were on the docket within about a week after the filing (after tenant was given proper notice to move) and when the judge ordered the eviction, the sheriff's department usually had the out in about 7-14 days.
But, the take away is that even though the process could take anywhere from 45 days to 9 months, you do nee to start looking now and try to make arrangements with the current landlord to stay a while.
I would look for a new place immediately. Try to discuss the situation with the ownership of the park and see if they will at least give you a couple of weeks. Offer to pay some rent for a couple of weeks to buy some time, if they will allow it.
Edited to add: I would be extremely careful about putting yourself in this situation again. I don't know the whole story, but it sounds like you've pretty much painted yourself into a corner here by not having your own place to live or plans on what to do when your patient died. Not trying to be harsh, just stating facts.