Can a live-in caregiver be held liable for rent?

[ajinaz]

What is the name of your state (only U.S. law)? Arizona

I'm finding conflicting information out there. Can someone clarify? Can the live-in caretaker of a disabled adult be held liable for unpaid rent? There is no provision in the lease addressing this issue.The landlord was aware that this person was living there to take care of the disabled adult.
Some have said that this is answered under ADA but I can't locate the specifics.
Thanks!

 

[Antigone*]

What is the name of your state (only U.S. law)? Arizona

I'm finding conflicting information out there. Can someone clarify? Can the live-in caretaker of a disabled adult be held liable for unpaid rent? There is no provision in the lease addressing this issue.The landlord was aware that this person was living there to take care of the disabled adult.
Some have said that this is answered under ADA but I can't locate the specifics.
Thanks!

Not if the care-giver is not on the rental agreement. The care-giver and should be named on the eviction if it comes to that though.

 

[ajinaz]

Not if the care-giver is not on the rental agreement. The care-giver and should be named on the eviction if it comes to that though.

Thanks for the reply.
Is this a law or covered by act or.....?

 

[Antigone*]

Thanks for the reply.
Is this a law or covered by act or.....?

There is no law that states that someone who hasn't contracted with you can be held liable to pay rent.

 

[applecruncher]

What type of agreement do you and/or the disabled person have with the live-in caretaker? Is it in writing? Some people have agreements with live-in caretakers that include room and board in exchange for services or room, board, and a salary in exchange for services.

 

[ajinaz]

What type of agreement do you and/or the disabled person have with the live-in caretaker? Is it in writing? Some people have agreements with live-in caretakers that include room and board in exchange for services or room, board, and a salary in exchange for services.

The caregiver is a relative. He lived in the home for free in exchange for sharing care giving responsibilities with disabled person's mother. Mother was only one on lease. She passed away and caregiver agreed to stay in house as sole caregiver in exchange for room and board only. Disabled person is only one paying bills at residence. Landlord agreed to this over phone. Caregiver is not certified at this time. Does having a written agreement matter?
Due to circumstances beyond his control, the disabled person was unable to pay rent and is in process of moving out.
Landlord is now threatening to sue the care giver because she knows she can't get anything out of mentally disabled person and she says she can since he lived there.

 

[Who's Liable?]

The caregiver is a relative. He lived in the home for free in exchange for sharing care giving responsibilities with disabled person's mother. Mother was only one on lease. She passed away and caregiver agreed to stay in house as sole caregiver in exchange for room and board only. Disabled person is only one paying bills at residence. Landlord agreed to this over phone. Caregiver is not certified at this time. Does having a written agreement matter?
Due to circumstances beyond his control, the disabled person was unable to pay rent and is in process of moving out.
Landlord is now threatening to sue the care giver because she knows she can't get anything out of mentally disabled person and she says she can since he lived there.

More problems eh? Is this the same LL you are dealing with regarding the water billing? How did that go by the way?

As for the LL trying to get money from the caregiver, they are SOL. Unless the caregiver has their name on the lease, they are NOT financially responsible. However the LL MUST evict them same as the signed tenant since there is a month-to-month tenancy that was automatically created by the state to protect the tenant and the landlord. Even though there is a month-to-month tenancy, not money is owed to the LL from the tenant since no money passed hands between the two during the life of the tenancy.

 

[ajinaz]

More problems eh? Is this the same LL you are dealing with regarding the water billing? How did that go by the way?
.

Yep same LL. She sent me copies of the water bills and the lease. The lease says only that tenant will pay water for that apartment. She said that means she can charge and change the percentage whenever she wants. The ars you sent me indicates that this is illegal. It appears that the water meter is running in the middle of the night while everyone is asleep. (I checked) No leaks detected in the apartment but water can be heard running in apartment next door. Sounds like a toilet. In July usage went up from 13000 gallons to 16000 gallons and has stayed there since. I'm positive there is a leak.