10-07-2016, 10:12 AM
quote:
Originally posted by Carey
Punatic, the problem with what you suggest is the she DID check references & did not, most likely, make it very obvious that it was a guest situation....
We have guest accommodations for decades, in Illinois & here,/ We started when our former company needed housing for interns, & even in Illinois the tenet has many rights. Our old company made sure that everyone agreeing to allow interns to stay realized the legal distinction between guest housing & establishing tenancy.
One of the big ones is that you make it very clear that the is NO LEGAL TENANCY formed when a guest stays (our guest studio has signages in all of the rooms, in drawers, & in the bathroom... these signs were holdovers from our old house in Illinois...
There is an additional part here in Hawaii... guests in Hawaii are normally viewed as very short-term... so even an intern, staying more than a month, with plenty of signage & paying no rent, with no expectation of rent or work-trade, can be seen, in the eyes of Hawaii code as a tenet (
Again, the possibility of having a persons` housing removed is looked at as a very SERIOUS issue & should not be treated lightly.
As to elder abuse, it may be very hard for her to prove, esp. if she showed the competence to check references & interview this person... She must have a well documented case as to the lack of services that had been agreed on, have given all of the notices needed, all the time this tenet has the option to re-start service & the landlord cannot keep them from performing them (at this point, it may be that there is not a positive relationship between the two, and the tenant can claim that the landlord is making a hostile environment & could even state that the landlord is changing the original terms of tenancy without proper notice...
Hate to be the continued bearer of this news, but we have dealt with these issues in 2 states over 3 decades, and the tenancy is a tough thing to revoke...
Not having a written agreement makes it a very hard point to prove to police or court. In this case going the long and arduous legal route may be too much for the 93 yr old. I'd take the chance to let her call my bluff to protect an elder or child in my sphere.