Tenant wants to move mom in + personal care

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Tenant wants to move mom in + personal care

Brian Bistolfo
Rental Property Investor · Kansas City, MO · Member since 2015 · 68 posts · 34 votes

Hi All,

My tenant lives in a nice 3/2 with her husband and daughter and wants to move her elderly mother into the third bedroom, as she's not satisfied with the care she's getting at another facility. Mom would go to off-site adult daycare from 8:00-2:00 on weekdays and would have a personal care professional come in in the morning for shower/getting dressed as well as after 2:00 for a few hours. Is there anything I need to stipulate in this situation, or some liability I should know about? Not very experienced here.

This property is in Texas.

I know that running a personal care home, even a small one where you don't need a license, has liability risk, but that's mostly associated with running the caregiver element properly, not the home itself.

Any advice or perspective is much appreciated!

-Brian

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Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
7y

Your liability is always there same as any other visitor/occupant except the mom is at higher risk because of her condition. The thing I think might come up is the ADA accommodations for the mom. You need to be familiar with this legislation where they can ask for reasonable changes to the home at their own expense. Grab bars etc but they must turn them back on leaving. I would ask them what they might do upfront before there is any issue. Better to be proactive then reactive and small things can make the house safer and avoid an issue .  Also think about your house from a safety standpoint stair railings etc. are they up to current standards. 

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  • Katie Stewart
    Specialist · Fort Collins, CO · Member since 2018 · 557 posts · 191 votes
    7y

    I would maybe reach out to a local attorney that deals with this kind of case! If it's legal, I would just screen her like any other applicant and add her to the lease. Best of luck!  

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  • Peter Pratti
    Rental Property Investor · Knoxville, TN · Member since 2017 · 147 posts · 65 votes
    7y

    I would just consult your agent regarding liability coverage, as well as your attorney.  It seems that she could be a fall risk, so be careful that there are no trip hazards.

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  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    7y

    Your liability is always there same as any other visitor/occupant except the mom is at higher risk because of her condition. The thing I think might come up is the ADA accommodations for the mom. You need to be familiar with this legislation where they can ask for reasonable changes to the home at their own expense. Grab bars etc but they must turn them back on leaving. I would ask them what they might do upfront before there is any issue. Better to be proactive then reactive and small things can make the house safer and avoid an issue .  Also think about your house from a safety standpoint stair railings etc. are they up to current standards. 

    2Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    I would suggest the family have renters insurance, but other than that maybe give your atty and ins broker a call, but my guess is its fine. People do this every day. 

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  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y

    Next thing you know you’ll be building ramps for wheelchairs and various grab bars and specialized care equipment . You ever been sued for a slip and fall by a tenant yet ? I think I’d talk to your attorney. And think hard because your getting zero benefit here only much more liability and potential expenses 

    2Reply
  • Michael Craig
    Rental Property Investor · Saratoga Springs, NY · Member since 2017 · 238 posts · 200 votes
    7y

    @Brian Bistolfo all good points mentioned above, consult ins. broker, consult attorney etc. etc. 

    It seems like these tenants have their hearts set on having mom live with them. Are these good tenants? Are these tenants you would like to keep? Do these tenants plan on staying for an indefinite amount of time?  If so, I would want to keep them, assuming your talk with the attorney and broker go well. I would include mom on the lease and increase the rent $100 to $400 a month (depending on whats reasonable given the extra liability and your market). The increase is not because of her age but simply because of the additional wear and tear that comes with another tenant. (also by giving them this option you put the ball in their court and are no longer the bad guy)

    This way everybody wins, current tenants live with mom and don't have to uproot their child's home, attorneys/brokers get some action and you keep good tenants and are compensated for the additional tenant.  

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    I see nothing wrong with it. The fact they are willing to move mom in to ensure her care tells me they are good people.

    This shouldn't be considered a "care home" in any sense. It's a private residence and a medical professional comes over to help on occasion. I see no reason why you would need to consult an attorney nor do I see any additional liability issues.

    As someone else mentioned, you may want to talk with the tenants about any special needs like a handicap ramp, grab bars, etc.

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  • Anthony Wick
    Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    7y

    Bear in mind, at least half the advice givers on BP will assume every landlord is getting sued every day of the week. It might be a good time to consult with your insurance agent to make sure your liability coverage is up-to-date, but I don't see a major problem with this at all. And I see absolutely no need to screen "mom" to see if she qualifies for the lease. I think the real question I'd ask is; do I like these tenants and want them to stay? If the answer is no, this would be a good opportunity for the two of you to part ways. 

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