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Is there a lease? Or is this a month to month?
You need to file for eviction.
This is going to take a while. Maybe even longer than normal due to COVID there had been a moratorium put on evictions.
You CAN NOT lock her out. You CAN NOT toss her belongings out. It has to be a legal eviction. Most likely the court will give her 30 days to vacate AFTER the court hearing.
Was there any restrictions when she moved in? Did you prohibit smoking? If so that is another cause to evict.

Is your house legally able to have renters? Some villages prohibit it unless there are Fire Department regulations that have been met. As well as Building and Zoning regulations. If you legally can not have renters you might want to use that as a basis to have her removed. Report yourself for having an illegal renter. You may have to pay a fine but the court will require her to move. (if you can not make your house up to code if there are violations)

And if you are not paid to be her caregiver then you can also report to APS the fact that she is a vulnerable senior and is not getting the care that she needs.
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OP needs to be careful, especially in this climate. I have found that the renter has more rights than the landlord. The only thing I see in OPs favor is the renter has only been there 3 weeks.

Just my opinion here but calling 911 won't work. If the renter refuses to go to the ER, the EMTs will not take her. OP can ask that a record be made of the condition they found the renter. If she does go to ER, don't think locks can be changed legally. She can refuse to let her return I would think though. I think when there is no lease its a month to month rental. I think calling APS is the best bet. This woman rented the room under false pretenses. (I bet if a background check had been done, this is probably not the first time) This woman needs help that the OP cannot and should not have to give her. The longer the woman is allowed to remain the harder it will be to get her out. The aide knew what she was doing and it would be interesting to know where they were before this.

Yes! please do not leave us hanging. Come back and tell us how you handle this. Maybe, you could tell the aide you are evicting the renter because the aide gave you false information. If she does not find a new place in the next week you will be calling Adult Protection Services on a vulnerable adult. By calling APS the aide could lose her job so she may get a new place. But be careful. If this is a scam of some sort, these people are very aware of the law and know their rights. I think a letter from a lawyer maybe a good idea.
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notgoodenough Dec 2021
I didn't even notice the 3 weeks. That might change everything, especially if there's no lease. OP should check in her area at what point "sqautters' rights" kick in - she can google it, or call her local law enforcement, they will be able to give her guidelines. In NY state, it is in excess of 30 days (which is why SRO hotels make the tenants move into a different room at day 29).

***IF*** no lease, and under the timeframe for her jurisdiction, the OP can change the locks, throw out the renter, etc, and be within her rights. She should return any funds that were given to her by the woman/caregiver - and return if by check, so there is a record of the transaction! But IF there is no lease, time is of the essence, because the longer this person remains, the greater her rights become. And I would not be surprised if the tenant knows this.
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Do you have a lawyer or a friend who is one? I hate to say, but I have had my son (who is an attorney) make 'a quick phone call' over a few legal things over the years and while it may be a tad sketchy--people hear the word "I'm so-and-so an attorney representing Mrs. E" and somehow this little bulldog can get stuff DONE. This call can be made to the instigator of this 'plan', not the actual person who's living there. W/O a doubt she's breaking some laws...common decency being one.

I think is thisreallyreal has the best plan. Once the EMT's see this--they are mandated reporters o f abuse & neglect and they HAVE to call this in.

Then you haul all her garbage out of the house and change the locks while she's in the ER. Maybe out of basic human kindness give the 'friend' a call and tell her you have physically evicted this person.

TAKE PICTURES. Tons of them.

So sorry--you're probably going to have to replace the carpet down to the plywood and paint and spray down the whole room with pet odor control stuff--and air out the room.
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I would call 911 on a Sunday, like this afternoon and tell them that you have a roommate that is having a medical emergency. You know this because you can smell human waste and haven't heard her up and about and you are afraid to go into her room. They will respond. Don't tell them anything more, you want her out and if they think this is normal behavior, they may not intervene.

When they see the conditions that you described they will probably transport her. She is obviously mentally ill and needs professional intervention. Self neglect is a situation that APS will get involved in. At that point you tell them that she can not safely return to your home. She doesn't have anyone to care for her and you CAN NOT, no explanation needed.

The low levels people will stoop to is mind boggling.

I would change the locks as soon as she is transported. If the aid shows up, tell her to jog on, lying, manipulate piece of work. Let her figure out what to do.
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EVICT and call APS to report a vulnerable adult
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Posts like this one are the reason I just can't leave this forum. Just when I think I've heard or read it all, there is a post like this that comes along.

You've gotten great advice. The only think I'd add is to ask you to update us on your progress to get this roommate out of your house. We love it when a poster makes the necessary changes to actually improve their situation (many don't)!
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You're roommate is an alcoholic. She doesn't need a caretaker, she needs an intervention.

In the meantime...this is not what you signed on to do. This is a failing business arrangement. A landlord has no legal, moral or ethical responsibility to give care to the person/people renting their space.

Move to evict. You owe this person nothing. It should not fall on you to do any of "S's" care, even if she wasn't able to take care of herself, rather than choosing not to take care of herself.
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I don't want to see anyone homeless or ending up somewhere that's dangerous. I'd like her to get the care she needs. I just don't know where to start. It looks like APS is the right place to start.
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JoAnn29 Dec 2021
Yes it is. I think there is more to this. Why does an aide have this type of authority. Where is the woman's family. You have been scammed.
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So sorry that you got misled and are now in a difficult and disgusting situation.

As others said, evict her ASAP! If she ever gets sick and/or needs medical assistance, call 911 and don't allow her back into the house.

I'm sure you've already thought of this, but first thing I thought was that maybe you need to personally interview potential roomies in person. Somewhere neutral like a local restaurant or something.

Good luck!
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Call Adult Protective Services and tell them this woman needs 24/7 care and has been dumped on you and she needs care NOW.

Eviction will take a minimum of 30 days you don't want to wait that long, I am sure.
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Call Adult Protective Services and relate what you’ve written here. And evict her as soon as legally possible
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Do you have any kind of lease? I think when there is no lease its 30days. So, you can give her an eviction notice now and she should be out this time next month. Put it in writing that the aide was not forth coming in how bad her client was.

Or better, call APS and tell them what happened. Tell them this woman needs care that you can't and are unwilling to give. You feel like she has been dumped in ur lap. You are not even sure you will be paid after the first initial payment. Do it now since its only been 3 wks. APS can get her set up somewhere and investigate the aide.
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Evict here asap. Is the a no smoking clause? Pot is legal in VA now yeah? Otherwise I'd call the cops.
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BurntCaregiver Dec 2021
ZippyZee,

Legal or not no one has to tolerate smoking of any kind in their home. No place allows smoking anymore and a private house doesn't have to either.
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Who is paying for the aid?
How is she paying for one (because they are expensive)?
Why does she have an aid: for her physical issues? Or does she really have cognitive issues, or both?
Does she have a social worker or legal guardian? Who was the aid who helped arrange her move into your room?

I'm asking these questions because if your roommate isn't making decisions for herself, then you must contact whoever is and hold them accountable for this deception.

If you don't make any progress, call in APS to assess her. They may move to acquire guardianship at some point and can remove her, but it would take a while.
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Evict her chain smoking, pooping, filthy, inconsiderate, lying ass out of your home. The agreement was roommate and the aide and this person scammed you into becoming an involuntary caregiver. You will need to have a straight talk with the aide since she posted on her behalf about moving her out. Get legal help to get her out if she will not voluntarily leave or gives you any kind of crap. Which she/they likely will. There are others on this forum wiser than I about legal matters who may advise you. But the bottom line is she must go, as you said she is endangering you not to mention herself which she obviously does not care about.
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Why haven't you evicted her?
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