Monday, December 4, 2017

Evicting a severely disabled tenant?

So both of my parents passed away recently and left me a small to mid-sized rental property. It was purchased in 1978 and has probably provided over one million in rent since the purchase.

I was kept in the loop on the business so taking it over was pretty straightforward. I've been running it the last year with the intent to keep it for another 10 years.

Recently, however, one of my tenants has fallen behind on his rent. He's been living on the property for a little over 25 years (before I was even born) and my parents considered him to a good friend. I've met the man on one or two occasions in the past.

Ordinarily I'd begin the eviction process like I would for any other tenant. The only sticking point is that this particular tenant is severely disabled. Apparently he suffered a stroke in the late '90s which has left him immobilized other than the left portion of his head/face. According to my other tenants he's entirely confined to his trailer and is unable to speak or communicate. He has no family and relies on a home care nurse who visits three times a week. His neighbors pitch in whenever they can.

Given his condition, I let things slide for the first month but we're coming up on three months of unpaid rent. It sounds harsh, but I rely on this income to pay off my mortgages on my own home and my vacation property.

What's the next step here? Should I just proceed with the eviction like normal? Would a judge even allow me to evict a tenant so severely disabled?

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