So I’ve got this tenant who’s been in a nursing home for like a year and a half now because of dementia. She doesn’t have a legal guardian or even a lawyer. A friend of hers has been super helpful though, he paid a whole year’s rent thinking she might come back and even kept the yard mowed. But there’s no money coming in anymore, and she can’t sign anything because she’s not mentally capable. My local magistrate said I could get help on this forum. Do I go the eviction route or is this like an abandonment situation?
Sounds like abandonment tbh… if she hasn’t lived there in 1.5 years and can’t make decisions, that’s kind of clear right?
Vance said:
Sounds like abandonment tbh… if she hasn’t lived there in 1.5 years and can’t make decisions, that’s kind of clear right?
Yeah but the friend’s been paying rent and maintaining the place… doesn’t that muddy things a bit?
@Parker
True, that does make it trickier. But if he stopped paying now and she’s not legally able to decide stuff, it might shift to abandonment anyway.
@Parker
Wait what does ‘abandonment’ mean exactly here? Like legally?
Jade said:
@Parker
Wait what does ‘abandonment’ mean exactly here? Like legally?
Basically means the place isn’t being used as a residence anymore and the tenant isn’t coming back. So the landlord might be able to reclaim it without full eviction.
Have you tried contacting any kind of social services or adult protective services? They might step in if there’s no guardian.
NomadNerd said:
Have you tried contacting any kind of social services or adult protective services? They might step in if there’s no guardian.
Nah I haven’t yet. She’s in a nursing home already though, so I kinda figured she’s under care?
@Cameron
Fair point. But someone’s gotta handle legal stuff like her housing. Maybe they can appoint a guardian or something?
The friend sounds like a good guy. He did a lot already. But if she’s not coming back and can’t sign anything… not much else he can do 
Ori said:
The friend sounds like a good guy. He did a lot already. But if she’s not coming back and can’t sign anything… not much else he can do
Exactly… he even found the home’s title but she can’t sign it over. Feels like a dead end.
Did the magistrate say anything specific about what step to take? Like did they lean more toward eviction or abandonment?
Lian said:
Did the magistrate say anything specific about what step to take? Like did they lean more toward eviction or abandonment?
They just suggested I ask around here or get some legal guidance. Didn’t tell me which one to file.
Lian said:
Did the magistrate say anything specific about what step to take? Like did they lean more toward eviction or abandonment?
Makes sense. Prob don’t want to give a straight answer without all the legal deets. Might be worth chatting with a tenant lawyer online or something.
Tough situation. If she’s mentally unfit and no one’s legally representing her, might need a court to appoint a guardian before anything can even happen?
Paden said:
Tough situation. If she’s mentally unfit and no one’s legally representing her, might need a court to appoint a guardian before anything can even happen?
Yeah that part’s key. Without a guardian, no one can even act on her behalf legally.