Re: Eviction - Landlord Forum thread 321734

Re: Eviction by Katiekate (New York) on July 24, 2014 @09:24

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.

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Re: Eviction by Lighthope on July 24, 2014 @15:28	[ Reply ]

> No. The eviction filing with the court will list your name > and "all others residing at that address". The LL was wise to place the caregiver's name on the eviction, especially since the caregiver is family. True, "all others residing at that address" would cover it, but it is always best to specifically name people. This way they get less wiggle room. Maybe it's overkill, but I would have done it too if there is any familiar relationship involved. Lighthope Pearls of Wisdom - "Love is like a butterfly, soft and gentle as a sigh. The multi-coloured moods of love are like its satin wings." - Dolly Patron (Butterflies)

Re: Eviction by Katiekate (New York) on July 24, 2014 @21:52	[ Reply ]

The problem with this is that a court record is then created with caregivers name on it. If caregiver wants to seek damages for this...ADA is one of those federal laws that is a slam-dunk for lawyers. First, putting the caregivers name on the lease or any other legal document concerning the rental it is totally against the ADA (eviction filing definitely qualifies)..second..the lawyer is guaranteed payment of all legal bills (federal court is great that way). This is such a cottage industry for lawyers...they actually specialize in going after ADA cases because of the guarantee of payment. Bad advice Lighthope.

Re: Eviction by Lighthope on July 25, 2014 @01:24	[ Reply ]

There is an article in The Columbus Dispatch in which a similar situation has occurred. Similar, not equal. So maybe there is enough different to warrant a different approach. However, it is a case about where a caregiver is facing a formal eviction. http://www.dispatch.com/content/stories/local/2011/02/07/thanks-to-medicaid-caregiver-faces-eviction.html?sid=101 > First, putting the caregivers name on the lease or any > other legal document concerning the rental it is totally > against the ADA The OP didn't say the caregiver's name was on the lease. We were only talking about putting the name of the caregiver on the eviction papers. I still think putting the caregiver's name on the eviction, considering that the caregiver was living there full time, and that the caregiver was family, is the right thing to do. OTOH, Katiekate is pretty solid with a lot of her advice as well, so if she is that adamant about not doing that, I'd punt to a lawyer and see what they say. It's not often we disagree with each other. Lighthope Pearls of Wisdom - Forgive your enemies, but never forget their names.

Re: Eviction by Bill on July 24, 2014 @18:40	[ Reply ]

Rather than a "care giver" it looks more like an unemployed, homeless daughter who is squatting. That is just what I gather from looking in all the four corners.