Can we be evicted for this? (Hospice related)

Question

Hello,

My girlfriend caught her mom's nursing home performing elder abuse, and has it on record, and has proof.

She immediately moved her mom out of there and brought her to live with us here in California. We rent a house from our landlord in a small town.

We never notified the landlord of this change, given the grave and very serious circumstances. The logistics were that there was nowhere else to go where she could recieve good care (my gf's siblings don't care even 1/10th of what she does). Naturally the only choice is under my gf's 24/7 care. The power of attourney brother approved this, and she came to live with us.

There is a growing concern though that if she dies, or we have to get hospice involved soon, that we will have to tell the landlord and he will evict us because he will say we violated our lease.

Ive been reading about some "stigmatized property" law as well if someone dies in there. So there's also the concern that if she somehow dies here then we will have to tell him and he could sue us for not being able to rent this property out potentially? is that a stupid concern?

Is there any protections we have here? My primary goals are to:

1) keep our apartment, as its beautiful location and perfect
2) have hospice come to our house if needed, and in the event of a death, we keep our rental under what I'm hoping to be some law that exists for "extenuating circumstances" (which I believe these are). There really were no other good options that lead to a higher quality of life.

Thank you

Kyle J. · Answer

@Travis M. Sorry you’re going through this tough situation. To answer your question though, based on what you wrote, it sounds like you’re in violation of your lease.

In California (as in most states), leases are generally written so that the property may be exclusively used/lived in by the people/residents named on the lease. There’s generally no “extenuating circumstances” clause that says just these two people can live here unless a third really needs a place to stay and then it’s okay for that person to move in. But if you really want to know, simply read your lease to be sure. After all, none of us have read it.

As for the other issue you raised about the “stigmatized property”, in California (unlike most states), if someone dies in a home it’s considered a “material fact”. That means that your landlord would have to potentially disclose the death to all future renters (or potential buyers if he decides to sell) going forward. If I was your landlord, I wouldn’t be real excited about that.

Deaths in homes won’t bother some people, but they will bother others. It’s at least enough of an issue that our state legislature decided to write a law about it and designed it a “material fact”.

So while this is quite the ordeal from your family’s standpoint, try at least to see it from your landlord’s point of view too. You’re voluntarily breaking the lease that you and your girlfriend signed and agreed to, and potentially causing your landlord to have to make an additional negative disclosure with regard to his property down the road with future renters/buyers.

So, rather than do this behind his back, perhaps have an open/honest discussion with him about it and let him decide for himself whether or not he’s okay with it. It’s only fair to him.

Just something to consider.

Lynnette E. · Answer

You really should first ask your landlord to add the mother to the lease, and explain why she moved in with you.  Apologize for not asking sooner.  Offer to pay more if the landlord pays for water, etc.

If she passes in the house then the landlord will have to disclose the death for the next 3 years to potential buyers of the house.  After 3 years he must provide this information only if asked.

You do have some options.  She can have hospice at a hospice center so the death would not be in the home.  You can check out the hospice centers near you and choose one you like.

Or you could do hospice in the apartment.  However, that would leave the landlord with possible issues later.  Since its an apartment rather than a house it is not as bad of a situation.  You could off-set the landlord's rental issue by asking him if it would be helpful to sign a lease that expires 3 years after her death with rent increases based on the cost of living.

BTW, for those who care, the death in a house issue is related to certain Asian area belief's that a soul could be trapped in a house if the death occurs inside.  They take their ill outside so their spirt can pass freely with out hindrance.  If someone passes in the house, they will burn the house down to let the spirit escape.  People of this religion will not buy a house if a death occurred inside.

When I sold a house in CA after my mom died under in house hospice the realtor put right in the MLS listing that there was a death in the house so that people who were not interested did not come for a viewing.  That house was in an area with lots of Asian buyers.  If this apartment is not in such an area it won't matter much to the owner.

Matt Devincenzo · Answer

Have you reached out and mentioned this to the LL, and asked for an addendum to add her mother to the lease? I'd say, sure no problem and hope things go well. Your LL may feel differently and make an issue of it, in which case you should move so you can care for her mother appropriately if that's the most important thing in your life right now.

Sai T. · Answer

If are really genuine in doing above listed items 1 and 2 then why are you violating LA ?.

There is no reason or excuses to break the LA and all the above problems are your and your GF personal problems.

Can we be evicted for this? (Hospice related)

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