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Updated almost 8 years ago, 02/17/2017

User Stats

91
Posts
31
Votes
Stephen Anthony
  • Rental Property Investor
  • Lincoln, NE
31
Votes |
91
Posts

Tenant - Legal Dependent Over 18 / Ward of State

Stephen Anthony
  • Rental Property Investor
  • Lincoln, NE
Posted

I have approved for leasing of my single family home two joint applicants. They are both over 18 years old, one is a ward of the state with an appointed legal guardian - as described to me by the other applicant. The other applicant is the caretaker of the legal dependent (and family friend), and is a contractor hired by a local company to do so (I reviewed this contract and spoke with the company during screening). I fully screened both applicants, though of course the caretaker had to fill out the online application for the legal dependent.

The question is, should I put the legal dependent on the lease? Or perhaps I should specifically not put said applicant on the lease, but request other documentation instead? Tenants 18 & under don't go on a lease, so maybe this is a similar situation - since said applicant probably can't legally enter into a contract, even with signature from legal guardian.

I talked to my law firm, but the attorney had nothing of value to add really. Wasn't sure if the legal dependent could go on a lease if it was signed by a legal guardian, suggested just not to. Didn't suggest any documentation I should ask for, just said it may be protected by a judge order for privacy purposes so I may not be able to get anything anyway. Ultimately said it's just a business decision to rent to them with the legal dependent not on a lease.

Guessing folks in the assisted living facility niche may have experience in this - your wisdom would be appreciated!

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