The Americans with Disability Act requires landlords to allow a live-in caregiver provided it is a Doctors order. The patient is permitted to select anyone as caregiver even a relative. HUD put out a ruling a few years back that landlords may not treat caregivers as tenants. They can only do background checks, but the caregiver is not to be treated as a responsible party to the lease...and in fact not added to the lease.
i know all this because I went through all this when I moved my parents into a rental. The family lawyer sorted it all out with the landlord.
BUT... the same day that Dads passes you are required to be gone from the rental. You would have no right to be there after the patient has passed.
Maybe it is is far better to be considered the tenant? Be on the lease and have rights of a tenant? Then, you should submit to the landlords requirements.
DeneigeArroyo, in my State, all adults living in a rental need to fill out a rental application. Even if your Dad is paying the rent, the landlord wants to know if other adults living under the same roof can also pay the rent if for some reason your Dad is unable to do so.
If you no longer have an income from outside employment, then the landlord may want to see your bank statements to see if you have enough funds to pay rent should that present itself. And/or a credit report. This is all normal for landlords to ask for of tenants.
When you say you "legally" became your Dad's caregiver, are you saying you are Dad's Power of Attorney? Or is this something else?
I see from your profile that your Dad had Alzheimer's/Dementia. Please stay on the forum as you will have a ton of questions while you are on this journey of caregiving, and we are always here to help :)
I know where I live the information is asked to determine if the person will be able to pay the rent. Did you quit a job to care for Dad? If so, how do u plan to pay the rent? This is what I found in ref to Mass.
"The landlord can legally ask for any reasonable information that verifies your ability to pay the rent. ... Some landlords verify your income by asking for copies of your bank statements. The landlord is within his rights to request such information."
Looks like if a landlord asks, you need to comply if u want to keep the apt. Are you being paid to care for Dad? If so, a contract would be a good idea. Especially if Medicaid may be needed in the future. A lawyer can help u with this.
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i know all this because I went through all this when I moved my parents into a rental. The family lawyer sorted it all out with the landlord.
BUT... the same day that Dads passes you are required to be gone from the rental. You would have no right to be there after the patient has passed.
Maybe it is is far better to be considered the tenant? Be on the lease and have rights of a tenant? Then, you should submit to the landlords requirements.
If you no longer have an income from outside employment, then the landlord may want to see your bank statements to see if you have enough funds to pay rent should that present itself. And/or a credit report. This is all normal for landlords to ask for of tenants.
When you say you "legally" became your Dad's caregiver, are you saying you are Dad's Power of Attorney? Or is this something else?
I see from your profile that your Dad had Alzheimer's/Dementia. Please stay on the forum as you will have a ton of questions while you are on this journey of caregiving, and we are always here to help :)
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"The landlord can legally ask for any reasonable information that verifies your ability to pay the rent. ... Some landlords verify your income by asking for copies of your bank statements. The landlord is within his rights to request such information."
Looks like if a landlord asks, you need to comply if u want to keep the apt. Are you being paid to care for Dad? If so, a contract would be a good idea. Especially if Medicaid may be needed in the future. A lawyer can help u with this.