Can a tenant renting from a private owner hire a live-in caregiver?

I currently live with my husband, and 5 year old son in my friend’s apartment. We have been asked to leave since we aren’t on the lease. We have no where else to go. So I’ve been doing research and haven’t found anything, but can my friend hire me as a live-in care giver? She travels a lot and I would be responsible for keeping up with her place, walking her dog, etc. A housesitter I suppose but would my family be able to stay with me? That’s the kicker. Just need some answers. Time is short.

Asked on July 23, 2012 under Real Estate Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the lease restricts the number or identity of people who can reside there, you can't get around that restriction by claiming to be a live-in caregiver (or housesitter, etc.). Furthermore, since you have been living there already, this would be seen as a fairly transparent attempt to get around the lease restriction, so your friend could put herself in jeopardy of being evicted for lease violations.

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