HUD Tenant Dies Leaving Handicapped Adult Son Behind (agreement, evicted, security deposit)
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...they probably allowed him to stay out of respect and concern for his mother.
Could be since she was a tenant for the last 13 years.
Quote:
Originally Posted by STT Resident
Did they give him such notice?
No, management did not give him notice.
Management bluntly told me that he couldn't stay while his state guardian says he can stay. His guardian says they "worked it out" with management and that they would pay for the extra days, but management told me they can't except money from them. Management told the guardian that if he remains in the property that legal eviction would follow.
His guardian says they "worked it out" with management
and that they would pay for the extra days,
(time needed for a more permanent situation or other arrangement to be sorted out)
but management told me they can't accept money from them.
(because they don't want to establish a LL:Tenant relationship with him).
Management told the guardian that if he remains in the property that legal eviction would follow.
Which is the correct legal course of action to remove him.
If you go to the first "sticky" on this forum you'll find a link to your state's landlord tenant laws and can check to see what notice a landlord is required to give a month to month tenant. It's usually 30 days or a calendar month but you'll find the answer right there. Management CANNOT force him to leave without giving him (or his guardian if he's not able to act on his own behalf) proper written notice.
The problem here is that you're getting information from two different sources and may not be getting the whole story. You should be talking only to the person appointed as his guardian and if that person's actions concern you then you need to call APS.
I should add that management is under no obligation to discuss any of this with you unless you're the young man's guardian.
I've been thinking. In actuality the mother broke the "guest clause" of her lease by allowing her son to live with her permanently. The landlord broke the lease by allowing this to happen and without taking action. He knew about it for nearly 2 years and the deceased mother just renewed her lease in February. Last year the manager had a meeting with the mother about her son. The mother's daughter and I attended that meeting. So it seems to me that the deceased mother's lease would be null and void and cannot pass to her estate.
One other thing, we were told by his guardian worker and her supervisor that causing a handicapped person to become homeless is against the law here in Kentucky. I don't know the law or whether this is true or not. If we go ahead tomorrow and put his belongings in storage could we face charges for causing him to become homeless?
You need to consult with a lawyer, not ask a bunch of nameless strangers on a discussion forum for advice.
You need to consult with a lawyer, not ask a bunch of nameless strangers on a discussion forum for advice.
Yes sir, Captain. However, I'm not asking for legal advice but just simply discussing the situation mustering other's thoughts and ideas. Discussions do include questions, don't they?
Unfortunately, the property managers are the ones providing the more accurate statements. The confusion seems to be that both are providing correct answers, but only the property managers are the ones who's positions is superior. Just about everything they have done has been to ensure they remain legally superior to the estate and the state. I cannot find anything they are doing as being unsupported by law, procedures, and regulations.
Although the “guardian” are also providing correct answers, they are not providing the entire answer only the bits and pieces that paints a distorted picture of the probable outcome.
I've been thinking. In actuality the mother broke the "guest clause" of her lease by allowing her son to live with her permanently. The landlord broke the lease by allowing this to happen and without taking action. He knew about it for nearly 2 years and the deceased mother just renewed her lease in February. Last year the manager had a meeting with the mother about her son. The mother's daughter and I attended that meeting. So it seems to me that the deceased mother's lease would be null and void and cannot pass to her estate.
Even if that were so (and your conclusion is incorrect) t makes no difference whatsoever. The son is still a month to month tenant whether there's a lease in place or not and by state law has to leave when given the required notice.
I feel for you. Yes, contact Adult Protective Services by phone AND in writing, and they will speak with the guardian. If you know who the guardian is, do the same with them. I would consult with a real estate attorney before you do anything else.
I filed a report today with APS. The intake worker said they would speak to his guardian. So far nothing has changed.
At 2:00am this morning the handicapped son was physically assaulted outside the apartment and he received several abrasions, bruises, and a black eye. The police and his emergency worker were called but the police did not make a report. APS showed up this morning but the man is still alone in the apartment. His state guardian seems not too concerned about what happened or in finding him a place to live. His guardian has told me multiple lies already.
Today the LL's lawyer presented a notice of "Termination of Tenancy" to the estate of the decedent. If still in the property after 14 days the LL will sue in court to evict all remaining residents of the decedent's apartment.
So what does one do when court-appointed state guardians and Adult Protective Services seem to do nothing? Is there any recourse left anywhere?
In the meantime the LL is charging $23 each day that the son remains in the property. Who's supposed to pay that bill. His guardian? Can I present a bill to his guardian?
Then I wonder what his so-called guardian will do when the sheriff sets his belongings on the curb....
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