Ask a Lawyer and Get Answers to Your Legal Questions
Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX I would like to assist you today.
I am sorry to learn of this unfortunate circumstance of two individuals in failing health. If I understand correctly, this appears to be an issue where the second individual is seeking a mechanism to maintain a residence and has enlisted APS to assist him in doing so, is that correct?
Maybe.Not Sure. Wanting to know what is the best interest for 81 yo.
I am kind of in a bind as to how to best assist you, I don't know if APS is worried about possible physical abuse, negligence, or if there was some other duty owed (or more likely "claimed to be owed") by the 81 year old. My guess would be it has to do with an "improper eviction" which is something I can assist you with. But the scope of your question is a little broad for me to help you with in this very narrow internet forum (I don't want to give you very bad information based on just a few of many facts).
Yes, APS stated to 81 y.o. that it was improper eviction. but talking to 81 y.o. states that she had an verbal understanding that he would move.
There was probably a retraction on behalf of the tenant. The landlord (the 81 year old) has the right to evict the tenant at will, but must do so under the Kentucky Landlord Tenant Relations Act. Meaning that she must give proper notice to the individual (14 days written notice), if the tenant does not move, she may then file an unlawful (forcible) detainer action against him and get a court judgment for possession. (which then can be used to get a writ of eviction).
The issue with APS being an "improper eviction" is more likely than not simply an investigation into the tenant's complaint (APS rarely takes sides in an issue without fully investigating the issue first). The fact that the landlord is an 81 year old woman fresh out of the hospital with no real experience in the work of being a landlord (other than collecting rent and maintaining the property), makes it less credible that there was any malicious or improper motive behind the eviction).
Yes, but I do believe it is 7 days now according to APS. If he goes back to home. It would be neglect/?abuse because no one there to take care of him. Living conditions very poor.
I cannot tell you what would be best in your circumstance, as I am not present and cannot give you legal counsel, but the general facts as you have placed them seem to be one in which there was simply an error in the 81 year old giving insufficient oral notice, instead of written notice, that can be easily remedied.
APS is telling the woman that she has a duty to care for him?
I do not see why the landlord would have any obligation to provide medical care for a tenant.
Concerned that if she goes & talks to them they may say that. Not sure she shold go without legal advice.
She does not live there but pays all expenses.
She does not owe him medical care. The only issue that could possibly arise (worst case that I could see - remember the caveat of this website and my limitations) the property is found to be "uninhabitable" and she is ordered (by a court) to repair the unit and cannot evict him. He is then allowed to live there for another 6 months after the ruling. This only works if the property is uninhabitable - meaning holes in the roof or exterior walls, infestations, no water or no hot water, windows or doors are broken, etc.
Thank you for your assistance.
You are welcome. Is there anything further I can offer you to assist in this matter (I truly do wish you and this woman the best of luck in this matter).
No, thank you. Bye.