In-unit home health care?

Question

Current tenant asked if they could take in an elderly person, whose finances are supported by a local nonprofit organization, and serve as their caregiver. As I understand it, this person is not in a position to sign a lease or take on any legal or financial responsibility. Is this something I should even consider? And if so, what steps should I take to mitigate risk?

Colleen F. · Answer

@Jeff Saunders They are asking to put the person on the lease as an occupant?   If this person needs a caregiver I would ask what modification if any would they be making. You must allow them to do it at their expense but they must return the property to previous condition on leaving.  I have had requests like this upfront and some units just can't be adequately modified and the potential caregiver never considers things like access to the unit or bathroom.  You have to consider if you would otherwise accept this occupant. If not the answer is no. If you would accept them I would vet them like an adult tenant.

As for liability, the risk of fall is higher but the liability is the same.

Carl Millsap · Answer

Jeff,

It sounds like your tenant is starting a business.

1. Since it's not their parent or grandparent you may want to find out more about this non-profit and how this entire thing came about. In case you're considering it.

2. On the surface I wouldn't approve it, too much liability.

a. Is your unit set-up for this person to live there?

b. Would you have to make the unit ADA compliant i.e. grab bars in the bathroom, a lower toilet?

c. Would the home require inspections since it's being used for elderly care? If so, are the inspections from the City, County or State?

d. What if the person falls, gets injured in your place. Their family would more than likely come after you, in addition to the tenant.

I'd pass. Good that your tenant consulted you first. I would put something in writing to the tenant stating it's not authorized in case they decide to try and do it anyways.