Howto encourage elderly tenant to move?

Question

So I have an elderly tenant that I have inherited when I purchased the property. She is well into her 80s and is living on the SECOND floor. the stairs, while they do have a handrail, are narrow and steep, as it is an old home. I have a unit on the first floor but she has refused the suggestion to move out or move down there, she states that she is "perfectly healthy".

Multiple times this winter when I'm doing random checks she has stopped me to tell me that while she was out that "the cold got her" and she had to crawl back in on her hands a knees. She also asks me if my feet ever "feel spongy" and she sure hates it that hers do now.

She seems to have no family, I have spoke with her Power of Attorney on one occasion and she seemed shocked that I thought she should either move downstairs or out of the building.

What should I do in this situation where it is clearly not safe for her to be living on the second floor? If she has one of her "spells" on the stairs she is sure to fall down them. I know I cannot discriminate upon age but is there something I can do where it isn't safe for her to live up there to get her to move? She is an otherwise "good tenant" but I feel very uneasy knowing she is climbing the stairs everyday.

Thanks in advance.

Bill Gulley · Answer

Are your concerns for you or her? You aren't responsible for anyone falling regardless of age or health conditions if you are not negligent in keeping your building safe, that is reasonably safe, not customized for any disability.

One thing that elderly folks seem to like to do is complain about getting old on one hand and how self sufficient they are on the other. It's not on you to tell her she can't do something, even if it kills her.

Older folks also have a fear of falling as thier balance gets worse. She decided to crawl in probably so she wouldn't fall. Did that send her to the hospital? No, she sounds perfectly capable to solve weather issues especially since she has survived more winters than you or I.

It could be that all she has is some pride while she is still breathing and wants to stay in her own home as she know it. If her POA didn't have any concern I'd say you did your moral and civic duty to raise the question, but you are not her caretaker as a landlord.

If she still has her witts about her, you can be empathtic, but give her her dignity and stay out of it. You are not, absolutely not responsible for her age or abilities!

Now, I had similar concerns with a lady who was 86 and resided on land I was buying. She was going out breaking ice for cattle! She also crawled up the sidewalk and pretty spunky with an attitude. She passed away within 6 months of the closing of the deal. While I had concerns, she let me know she wasn't dead yet and that she was doing just fine considering her age, is what she'd tell me.

I suggest you let her live her life how she wishes to.  You might do some "welfare" checks, post the number for 911, be suppotive and let her POA know if there are any real issues, like you called an ambulance.

My dad is 85 and I can just hear what he'd say if I suggested he move, he still cleans his pool and mowes the yard himself and drives like a bat out of you know where! And, I've crawled with him on an ice covered sidewalk up hill to get to a house to look at as he still sells RE! :)

Joel Owens · Answer

You could if you wanted put in one of those motorized chairs that you sit in and it takes them up the stairs.

The rail might have to be beefed up or changed to handle that kind of weight versus just putting a hand on the rail.

When people get that age generally they do not want to move at all. They like their home and want to stay until they move on to the pearly gates.

Jon K. · Answer

I would definitely, definitely make the rail more secure.

Red stripes might be good. I would see if I could do something to make the stairs, or part of the stairs, less slippery -- weather proofing perhaps?

I like the idea of adding a motorized chair lift. It could be a perk to other tenants, too. Age alone doesn't mean other tenants don't have trouble with the stairs.

I like the idea of "welfare checks" in a neighborly way, not mentioning her age.

Poor old lady doesn't want to move. I don't' blame her. While she may or may not have preferred if her apartment was on the ground floor, she might feel safer on a higher floor (break ins). Or, it could just be the sheer nightmare it is for elderly people to move sometimes. New setting, physical labor of moving, having to pack and redecorate and everything, the hassle, not being familiar with the new place. It's hard for young people to move... old people...

Kurt K. · Answer

Thanks Bill. You story sounds a lot like mine!

I don't have any real objection to her living there I just wouldn't want my grandmother to be going up and down those steps every day so I was hoping she would move to the lower apartment. I appreciate all of your comments as it has relieved some worry off of my mind over the issue. She is an otherwise good tenant.

Thanks everyone.

Karen Margrave · Answer

Michael G. That is discrimination. ANYONE of ANY age can slip, have a stroke or heart attack, etc. Unless you have the same policy for EVERY tenant, then you would be setting a policy for the one tenant based solely on her age. It's not only wrong, it's illegal.

Kurt K., Joel Owens has the solution. Install a lift to get her to the 2nd floor. If you can't do that, paint the steps with a bright red stripe, or place some type of safety tape on the stair enabling her to better see the steps, along with good lighting.

Making someone of that age move can be so traumatic it can cause death.

Kurt K. · Answer

Thanks for the replies. It is my understanding from internet searches that one cannot indemnify against death or personal injury in the United States.

Michael G. · Answer

Have you consulted your attorney regarding your exposure and is your rental held in an entity should she happen to have a "spell" on the stairs?

You should ask your attorney if she can sign an indemnity agreement indemnifying you should she trip and fall up, down or on the stairs.

Often times a lease has some indemnity clause built in. Did you check yours?

Howto encourage elderly tenant to move?

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