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Will home sale trigger eviction?

Jun 26, 2012 | | Comments Comments Off

Dear Liz: Our landlady has been diagnosed with an advanced stage of cancer. In her precarious health, I find myself concerned that we may have to move if she gives up the duplex and moves to a care facility.

I’m unemployed and my 72-year-old husband has recently been diagnosed with early stages of dementia. I find it difficult to face the prospect of returning to work and finding proper care for him even though I know I need to do so very soon.

If she sells the duplex or leaves it to someone in her will should she die, what protection do we have against having to move out in a hurry or have our rent raised dramatically? Either situation would put us into chaos. What are our options?

Answer: If you have a lease, that contract typically would survive a change in ownership. The new owner would have to honor its terms until the lease was up. If you rent month to month, the new owner would have to follow minimum notice requirements determined by your state to raise your rent or terminate your tenancy. The Nolo website at http://www.nolo.com has additional information about tenants’ rights.

If you can no longer afford your rent, you may be eligible for government housing assistance if your income is sufficiently low. You can find more information by using the Eldercare Locator at http://www.eldercare.gov or calling (800) 677-1116. You should check out this federal service’s resources in any case, since you will have a big task ahead of you in caring for your husband even if nothing changes in your living situation.

Other good sites to explore include the Alzheimer’s Assn. at http://www.alz.org, which has information for caregivers and a “care locator” that can help you find care options in your community such as adult day centers, in-home care and respite care. And speaking of respite, you also should check out the ARCH National Respite Network at archrespite.org for people who can help when you need a break.

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Categories : Elder Care, Q&A, Real Estate