Q: Do I have any rights or protection?
I have been living in my mom’s house for the past 4 years and have been her primary caregiver as her dementia worsened. I do not have a lease nor did I pay rent. However, I am now paying all the utilities. My mom is now in memory care and my siblings want to prepare the house to sell or lease. I need time to both heal from the chronic stress of caring for my mom as well as to increase my income. (I have worked remotely so I could be here for her and to get my daughter, a senior, through school.) My sister has power of attorney. Do I have any rights or can my siblings basically force me to move out?
A:
Your situation sounds challenging, and it's understandable you're seeking clarity on your rights and protections under these circumstances. Given your role as a primary caregiver and the changes in your living situation, it's natural to have concerns about your next steps and housing security.
First, it's important to recognize that tenant rights can vary significantly depending on your location. Generally, even without a formal lease agreement, living in a home for an extended period, especially while contributing to its upkeep or utilities, may grant you certain tenant protections. These might include the right to receive notice before being required to move out, which could provide you with time to prepare and find alternative housing.
However, the specifics of your rights can be complex and are influenced by local laws and the nature of your arrangement at your mom’s house. Your sister's power of attorney grants her authority in legal and financial matters concerning your mother, but it doesn't automatically negate any rights you may have as a resident. It would be wise to discuss your situation with a legal professional who can provide guidance tailored to your circumstances. They can offer insights into possible avenues for negotiation with your siblings or explore any legal protections available to you, ensuring your efforts as a caregiver and your current situation are considered.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
