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Eviction - Landlord Forum thread 321732

Eviction by Alisa adams (Wyoming) on July 24, 2014 @04:07

                              
Im being evicted this Friday 7-25. My daughter lives w me as my caretaker and is not on the lease. Can the landlord get away with including her in the case even tho shes not on the lease.
csaj1960@yahoo.com
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Re: Eviction by Kim (WV) on July 24, 2014 @08:25 [ Reply ]
Yes
Re: Eviction by Katiekate (New York) on July 24, 2014 @09:24 [ Reply ]
No. The eviction filing with the court will list your name and "all others residing at that address".

A caregiver is NOT responsible for the rent or anything else regarding the lease commitment.

The only thing the landlord can require of a caregiver (this is all part of the Americans with Disability Act, and recent decisions handed done in court cases by HUD) is that the caregiver be screened by landlord for criminal past. Further, the landlord can require the removal of a caregiver only for acts of vandalism and/or criminal behavior.

However, caregiver cannot stay without the Disabled person...caregiver is not on the lease...but, once Disabled person is evicted...caregiver must go too. BUT, this will not in any way be reflected on the background of caregiver. No court record for caregiver will be created.
Re: Eviction by Anonymous on July 24, 2014 @09:40 [ Reply ]
Yes, if the daughter/caregiver is living on the premises and the landlord is petitioning to regain possession of the premises, landlord will name everyone known to be residing at the address and the unknown persons will fall under "and all others" or "Jane Doe #1, etc." or whatever is common for the court in your area. Any money judgment for unpaid rent or lease violations will be granted against the named lessee(s) only, not the caregiver, but the judgment for possession will be against all occupants, known or unknown, in addition to the lessee. I don't know that a landlord is barred from using the name of a caregiver in the possession suit if that name is known.
Re: Eviction by Anonymous on July 24, 2014 @13:04 [ Reply ]
no, they could not. you all could stay there with no problem. you can call city inspector, state inspector, file bankruptcy, attorney, etc... why need to pay rent for housing? all of us never pay anything for our our housing for many years already, never....
Re: Eviction by Bill on July 24, 2014 @13:14 [ Reply ]
If you are asking if the landlord can evict your daughter too then the answer is yes. Beyond the 25th neither of you will be allowed to live in the rental for free.


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