Elderly mother and her family situation

[Jocker]

Jurisdiction

Kansas

There is a situation in the family I am pretty close familiar with. Spouses are both university professors in their 50-60s. She is an immigrant, he is an American man born here. 10 years ago she brought her mother, 75 yo at the time, to live with them. The elderly mother is the US citizen now, turned 85 recently.
At first, the relationships were good between them. But slowly, the relations between this mom and her daughter deteriorated. My opinion - the daughter realized that mom wasn't here for a couple of years. They all live in a pretty large beautiful house that belongs to the spouses. The mother has very limited English proficiency and doesn't drive. They live in the area with no public transport. The mother is in decent health - mobile and with decent brain function (in my opinion). She is very dependent on her daughter's help due to no Engish and inability to get to places by herself. Yes, she can get free rides thru insurance but she isn't very successful because she can't order these rides (language barrier)
At this time, her daugher doesn't talk to her and absolutely doesn't help with anything. She says that her mother likes to complain to doctors about her problems and everyone laughs at the mother. Not long ago the mom got sick with covid. She managed to get a ride to see her doctor where she was tested positive. The doctor prescribed her Paxlovid but the family refused to get it for her. I had to call around (the pharmacy was out of the renal does that she was prescribed) and to find which pharmacy had it, then talk to the doctor about sending the script to the other pharmacy. The old lady had to take Uber to get the medicine. On the way back, she couldn't find her Uber driver, finally someone at the store had mercy and got her an Uber ride. There is a lot of such stories.
Oh, the mother gets food stamps but the daughter uses her food stamp card and buys what she think is needed. Once they were in the store together and the mom asked her daughter to buy her some berries, but the daugther replied that she's buying a much needed filter but not the berries.
The family is planning to be gone for 2 weeks in May and the daughter already told her mother that the mother "will need to be gone" . They went out of town before and every time they didn't like the mom to stay in their house by herself (they don't trust her). Every time she stayed by herself and everything was OK...But this time, the daughter is insisting that her mother "needs to be gone, I don't care where you go, you have the money".
I used to be friends with this family, not anymore. I am friends with the mother only now. I suggested that the mother tells the daughter to find a good all inclusive deal or something where the mother could go while the family plans to be gone if they insist she can't stay...
We all understand that there IS an elderly abuse going on here. But I think that going into war won't end up well for the mom due to being so dependent on her relatives.
Any thoughts, suggestions, ideas?
Of course, the most frequent suggestion that I make is that the mother sadly needs to go back to her native country. She says she can't even though she still has an apartment there. She is hoping that somehow her daughter will treat her well again...

 

[Jocker]

Does the family have any rights to demand her out of the house while they are gone?

 

[army judge]

Does the family have any rights to demand her out of the house while they are gone?

More information, Pilgrim.

Can I evict my 86-year-old mother-in-law?	You cannot evict your mother-in-law if your spouse wants her to stay. However, if you are the sole owner of the house, you can give her notice to move and then evict her if she fails to do so.
Legal process	The eviction process, called "summary process", begins when a landlord serves the tenant with a notice to quit. If the tenant does not move, the landlord can initiate proceedings in court.
Good cause	In the case of elderly tenants, good cause for eviction may include material non-compliance with rental agreements or disturbance of neighbours.

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Housing - Kansas Self-Help

self-help.kscourts.gov

If the mother-in-law is considered a resident

If your mother-in-law is considered a resident, you cannot evict her without a cause. If she is living in your home and is proving to be a problem, you can ask her to leave. However, if she has received mail at your address, she is considered a resident, and you must follow the law concerning the termination of a resident. This means that you must give her notice to move out. Only if she fails to move out by the end of the notice period will you have a reason to evict her.

It is important to note that the process of eviction can be costly and time-consuming, often requiring the assistance of a lawyer. The laws and procedures surrounding eviction may also vary depending on your location, so it is essential to seek legal advice relevant to your specific situation and jurisdiction.

If your mother-in-law is paying rent but has no contract, the terms of the lease will be relevant. In some cases, a breach of the lease may provide grounds for eviction. However, this depends on the specific terms and conditions outlined in the lease agreement.

It is always recommended to seek legal counsel before taking any action, as the consequences of eviction can be severe, particularly for an elderly individual. Alternative solutions, such as setting conditions for your mother-in-law's continued residence or exploring other care options, may be more suitable or feasible.

If the mother-in-law is causing problems

If your mother-in-law is causing problems, the first step is to determine whether she is considered a resident in your home. If she has been receiving mail at your address, she is likely to be considered a resident, regardless of whether she pays rent. In this case, you will need to follow the legal process for terminating a resident and cannot evict her without a valid reason.

If your mother-in-law is causing problems but is not considered a resident, you may still need to provide her with notice before terminating her tenancy. The length of notice required can vary by state, so it is important to check the specific laws in your area. In some states, you may be required to give written notice up to three months in advance. This is not an eviction notice but a notice to terminate the tenancy. If your mother-in-law does not move out by the specified date, you can then decide whether to proceed with an eviction.

It is important to note that evicting an elderly person can be a complex and emotionally challenging process. If your mother-in-law has nowhere else to go, you may want to consider other options, such as setting conditions on her staying or seeking legal advice to work out a plan for her future care and support.

Additionally, if your mother-in-law is causing problems due to health or disability-related issues, there may be further legal considerations. For example, in some states, elderly tenants can only be evicted for "good cause", which may include material noncompliance with tenant responsibilities or convictions related to the use of the premises. Therefore, it is essential to understand the specific laws and regulations in your state before taking any action.

Finally, if you choose to proceed with eviction, be aware that the process can be lengthy and costly. You may need to seek legal advice and follow specific procedures, such as serving your mother-in-law with a notice to quit and initiating proceedings in court if she refuses to move. Remember that each state has its own laws regarding landlord-tenant relationships, so be sure to consult local laws and, if possible, seek legal advice before taking any action.

Evicting An Elderly Mother-In-Law: Your Legal Options | LawShun

Learn your legal options if you're considering evicting your elderly mother-in-law. Understand the process and your rights to make an informed decision.

lawshun.com

Bottom line, citizen, read the information I've provided, because after educating yourselves, you can initiate legal proceedings to LAWFULLY, LEGALLY cause the eviction of your wife's mother!






Pilgrim, you might desire to read this:

https://www.kansaslegalservices.org/sites/kansaslegalservices.org/files/THB.pdf

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The individual, or individuals who own the house can certainly ask the wife's mother to leave their home.

The wife's mother might not desire to leave VOLUNTARILY. However, if that is the case, the homeowners could take the matter to court, seeking to LAWFULLY, LEGALLY EVICT THE wife's mother.

Enlighten yourself, regarding EVICTIONS in KS, pilgrim.

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The legal distinction between a guest and a tenant in Kansas carries significant implications for property owners and occupants alike. Understanding when a guest's status transitions to that of a tenant is crucial, as it alters the rights and responsibilities of both parties under state law. This article clarifies the factors Kansas courts consider in this determination.

The Fundamental Distinction Between a Guest and a Tenant in Kansas

A guest in Kansas is an individual permitted to stay on a property temporarily, typically without a formal agreement, payment of rent, or exclusive control over any specific area. Their presence is at the discretion of the property owner, and their stay is expected to be brief.

In contrast, a tenant possesses exclusive use of a property, or a defined portion, usually established through a lease or agreement, in exchange for rent. This arrangement grants the occupant specific legal rights and imposes obligations under Kansas landlord-tenant law. The core difference lies in the nature of possession and the presence of a formal or implied agreement for residency.

Specific Indicators of Tenancy Under Kansas Law

Kansas courts consider the totality of circumstances when determining if a guest has become a tenant, rather than relying on a single factor. Several key indicators guide this assessment, often evaluated in light of the Kansas Residential Landlord and Tenant Act (K.S.A. Chapter 58, Article 25).

The duration of an individual's stay is a significant consideration; extended stays, particularly beyond 30 days, can strongly suggest a shift to tenancy. Informal payments or contributions toward household expenses, such as utilities or groceries, may be interpreted as rent. Exclusive possession, where the occupant controls a specific area of the property and can exclude others (including the owner), also points towards a tenancy.

The intent of both the property owner and the occupant is another factor courts examine. If the occupant receives mail at the address or has utilities in their name, it indicates a more permanent residency. Moving personal belongings into the property, suggesting a settled presence, further supports a claim of tenancy.

Legal Rights and Obligations When a Guest Becomes a Tenant in Kansas

Once a guest's status transitions to that of a tenant, the relationship becomes subject to the Kansas Residential Landlord and Tenant Act. This legal framework establishes new obligations for the property owner, now considered a landlord. Landlords must provide a habitable living space, maintain the property in a safe condition, and adhere to building and housing codes.

Tenants gain specific rights, including the right to quiet enjoyment of the premises, meaning freedom from unreasonable disturbances. They are also protected against unlawful eviction, requiring landlords to follow formal legal procedures for termination of tenancy. Landlords must provide reasonable notice before entering the property, typically at least 24 hours, unless there is an emergency.

Strategies to Avoid Unintended Tenancy in Kansas

Property owners can implement strategies to prevent a guest from inadvertently acquiring tenant status under Kansas law. Clear communication is paramount; establishing explicit expectations about the temporary nature of the stay from the outset can prevent misunderstandings. It is advisable to set and enforce a clear, short timeframe for the guest's visit, such as limiting stays to less than 30 days.

Property owners should avoid accepting any form of payment or contribution that could be construed as rent, as this is a strong indicator of tenancy. Maintaining access and control over all areas of the property, rather than granting exclusive possession of any part, is also important. Owners should not allow guests to receive mail at the property address or put utilities in their name. For longer guest stays, a written "guest agreement" explicitly stating the non-tenancy status and temporary nature of the arrangement can be beneficial.

When Does a Guest Become a Tenant in Kansas?

Understand when a guest legally becomes a tenant in Kansas. Learn the critical distinctions and implications for property owners and occupants.

legalclarity.org

 

[Jocker]

Thank you, Army Judge. Very informative!