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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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The home that my mother left my sister and i is a modular home

Customer Question

The home that my mother left my sister and i is a modular home located in a seniors park. Prior to her death i was my mothers caretaker and lived inthe home with her and alone the last 3 months when my mother was in the hospital. Management knew this, seen me daily asked about my mothers health etc. Once she passed management told me because i was not on the lease and not 5 i could not continue to live in the home. Is there not some kind of implied consent because they accepted for 3 months that i lived in my mothers home not on the lease and not 55 yrs of age?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
No, I am sorry, there is no 'implied consent'--since your mother at the time was still living, the management could argue that you were your mother's invited guest and could remain on the lease. But once she is one, your rights also terminate and they could pursue an eviction. As far as fighting the age discrimination, while that may be possible in some cases, the courts typically uphold senior living age restrictions against tenants and generally side with the communities if such age restrictions were expressly listed and made known to all of the occupants.
I am sorry!
Dimitry, Esq.