Re: Well - I've been EVICTED!!

[Guest guest]

> Dear all,

>

> I just can't keep quiet anymore! My neighbor complained about noise

(my

> kids) and now my landlord is kicking us out! I can't believe this

> because I've never once been late in the 3 years I've lived here,

no one

> has ever complained and the place is very well taken care of.

>

> I'll fight it in court of course, but..........I'm moving out

because I

> just don't want the hassle and i hate putting up with the landlord's

> dirty looks. Plus,. and I know this will sound silly, I want to get

the

> pool up for the kids and I don't feel comfortable doing it here. I'd

> hate to do it and just have to take it all down in 2 weeks.

>

> So - even though well fight the eviction let's face it, no judge in

> their right mind would rule that we get to stay in the house when

the

> owner wants us out. By the way, the landlord knew the Luke and Isaak

> were autistic before I moved in!

>

> Anyway I'm packing and Luke's not handling it well. Isaak and

Ezekiel

> are ok with it but Luke is having a BIG problem with his belongings

> being " messed " with! Yea - they're doing way better but I've never

kept

> it a secret that they have a ways to go. I was packing some of

Luke's

> clothes today and he was going " Stop it - Stop it! "

>

> Guess I otta send this guy a " Landlord of the Year " card!

>

> Charlene

From the other side of the fence...I'm a landlady, and NOBODY evicts

somebody for fun. When you show a place, there are refernces to be

checked, set app'ts to show, and nobody, shows up...it's a pain in

the butt. Maybe you have a dumb as dirt landlord. If you are being

evicted on the basis of your son's autism, that is illegal as hell.

On the other hand, it would be a trip through the fourth ring of hell

to try to stay when the landlord wants you out. I am so sorry that

it's tough for Luke; I can only imagine the hell you're going through.

Go ahead and move, but get in touch with a local landlord's or

tenant's group afterword, and talk to them. You may be able to

recover damages. p.s. I just hate it when other landlords are

jerks, because it makes the rest of us look bad. RZ

[Guest guest]

Oh Charlene:

I couldn't imagine having to pack up my things and move the family at this

point in life! There's so much going on...and having two...my heart goes out

to you.

[Guest guest]

Charlene,

Kind of an way out there suggestion: Find a health food store in your area

that carries Bach Flower Remedies. These are homeopathic remedies for

emotional issues. The Walnut one is for handling change better. It has

helped tremendously both times we've had to move.

Gaylen

[Guest guest]

Let me see if I understand you. The landlord is kicking you out

because your children are autistic and make a lot of noise? Or maybe

that is the reason you think and he's telling you something else? I

know if MY landlord came to me and said I had to leave because my

autistic child was too loud, I'd tell him where to stick it and that

that is not grounds for eviction so I'm staying. He would have to

come up with a better reason then THAT to get me out. I'd keep paying

my rent on time, and if he wanted to take me to court to get me out,

there isn't a judge in his right mind that would support his reason.

I'm sorry you have to deal with this. Everything happens for a

reason, it's just a heck of a lot harder to see the reasons for the

bad things.

> Dear all,

>

> I just can't keep quiet anymore! My neighbor complained about noise

(my

> kids) and now my landlord is kicking us out! I can't believe this

> because I've never once been late in the 3 years I've lived here,

no one

> has ever complained and the place is very well taken care of.

>

> I'll fight it in court of course, but..........I'm moving out

because I

> just don't want the hassle and i hate putting up with the landlord's

> dirty looks. Plus,. and I know this will sound silly, I want to get

the

> pool up for the kids and I don't feel comfortable doing it here. I'd

> hate to do it and just have to take it all down in 2 weeks.

>

> So - even though well fight the eviction let's face it, no judge in

> their right mind would rule that we get to stay in the house when

the

> owner wants us out. By the way, the landlord knew the Luke and Isaak

> were autistic before I moved in!

>

> Anyway I'm packing and Luke's not handling it well. Isaak and

Ezekiel

> are ok with it but Luke is having a BIG problem with his belongings

> being " messed " with! Yea - they're doing way better but I've never

kept

> it a secret that they have a ways to go. I was packing some of

Luke's

> clothes today and he was going " Stop it - Stop it! "

>

> Guess I otta send this guy a " Landlord of the Year " card!

>

> Charlene

[Guest guest]

You should contact a Center for Independent Living. There is a state

by state listing with locations in every state. They are nicer to

work with than DHS or ORS or schools. They honestly like to help and

many of the people that work there have disabilities themselves.

Your landlord throwing you out based on the fact that your children

have autism is a violations of ADA. There is an office of ADA that

you can call if the CILA can't help you.

Good luck!

- In @y..., bluesclues@s... wrote:

> Dear all,

>

> I just can't keep quiet anymore! My neighbor complained about noise

(my

> kids) and now my landlord is kicking us out! I can't believe this

> because I've never once been late in the 3 years I've lived here,

no one

> has ever complained and the place is very well taken care of.

>

> I'll fight it in court of course, but..........I'm moving out

because I

> just don't want the hassle and i hate putting up with the landlord's

> dirty looks. Plus,. and I know this will sound silly, I want to get

the

> pool up for the kids and I don't feel comfortable doing it here. I'd

> hate to do it and just have to take it all down in 2 weeks.

>

> So - even though well fight the eviction let's face it, no judge in

> their right mind would rule that we get to stay in the house when

the

> owner wants us out. By the way, the landlord knew the Luke and Isaak

> were autistic before I moved in!

>

> Anyway I'm packing and Luke's not handling it well. Isaak and

Ezekiel

> are ok with it but Luke is having a BIG problem with his belongings

> being " messed " with! Yea - they're doing way better but I've never

kept

> it a secret that they have a ways to go. I was packing some of

Luke's

> clothes today and he was going " Stop it - Stop it! "

>

> Guess I otta send this guy a " Landlord of the Year " card!

>

> Charlene

[Guest guest]

First off, congrats to RZ for taking the high ground!

I joined when I saw this post. I was for many years an investigator of

landlord and tenant complaints in Alberta, Canada, and put together

many cases for criminal and civil prosecution of landlords.

Here is some GENERAL law as I understand it. I expect this law would

be the same in any state or province, but I am not giving this as

specific advice as to what you should do. Having said this,:

1. If you move out you cannot later sue or complain that you were

evicted unfairly. Nor can you say, " I am moving out now under protest,

and I will see you later in court " . You have to start your fight now,

not later.

2. You have an obligation to other tenants (including their families

and invited friends) of your landlord not to bother them

significantly. If you do, that's grounds for eviction. It doesn't

matter that your son is sick, or whatever.

3. However, here is some fine tuning to the above:

a. One single breach of your obligation is not legal grounds for

eviction.

b. Nor is it grounds for eviction if the tenant takes corrective

action and it is unlikely that the breach(es) will continue. Tenants

in these cases are entitled to the court's " relief from forfeiture " .

There must be a pattern of breaches, with an expectation that these

breaches will continue, to constitute grounds for legal eviction with

relief from forfeiture not applying.

4. Did you get a written eviction notice? Then reproduce that portion

of it on this list (I don't like private stuff) that gives the reason

for eviction, or comes close to giving a reason.

If you didn't get a written reason, or the reasons were vague and

subject to misinterpretation, then your notice may not have any legal

standing.

If the landlord (or his manager) at the time you applied to rent, knew

you had an autistic son, yet did not warn you at that time that you

would be treated like any other tenant, that would increase his

obligation to cut you extra slack now that some problem has developed.

A notice is not legal unless it is clear and unambiguous. Saying, " At

the end of the month you can pack up and leave... " is not a notice,

since it has some ambiguity to it, and any ambiguity is interpreted in

favour of the tenant, and against the writer of the ambiguous notice.

What state or province are you living in? Each jurisdiction " fine

tunes " the above general principles in statute form, which would be

helpful in understanding your rights and obligations.

I would be interested in RZ's views on this.

I also request the moderator of this list to tolerate a little more of

this off-subject discussion, because of its relevance to all our

lives.

Sincerely,

Leo

--------------------------------------------------------

> > Dear all,

> >

> > I just can't keep quiet anymore! My neighbor complained about

noise

> (my

> > kids) and now my landlord is kicking us out! I can't believe this

> > because I've never once been late in the 3 years I've lived here,

> no one

> > has ever complained and the place is very well taken care of.

> >

> > I'll fight it in court of course, but..........I'm moving out

> because I

> > just don't want the hassle and i hate putting up with the

landlord's

> > dirty looks. Plus,. and I know this will sound silly, I want to

get

> the

> > pool up for the kids and I don't feel comfortable doing it here.

I'd

> > hate to do it and just have to take it all down in 2 weeks.

> >

> > So - even though well fight the eviction let's face it, no judge

in

> > their right mind would rule that we get to stay in the house when

> the

> > owner wants us out. By the way, the landlord knew the Luke and

Isaak

> > were autistic before I moved in!

> >

> > Anyway I'm packing and Luke's not handling it well. Isaak and

> Ezekiel

> > are ok with it but Luke is having a BIG problem with his

belongings

> > being " messed " with! Yea - they're doing way better but I've never

> kept

> > it a secret that they have a ways to go. I was packing some of

> Luke's

> > clothes today and he was going " Stop it - Stop it! "

> >

> > Guess I otta send this guy a " Landlord of the Year " card!

> >

> > Charlene

> From the other side of the fence...I'm a landlady, and NOBODY evicts

> somebody for fun. When you show a place, there are refernces to be

> checked, set app'ts to show, and nobody, shows up...it's a pain in

> the butt. Maybe you have a dumb as dirt landlord. If you are being

> evicted on the basis of your son's autism, that is illegal as hell.

> On the other hand, it would be a trip through the fourth ring of

hell

> to try to stay when the landlord wants you out. I am so sorry that

> it's tough for Luke; I can only imagine the hell you're going

through.

> Go ahead and move, but get in touch with a local landlord's or

> tenant's group afterword, and talk to them. You may be able to

> recover damages. p.s. I just hate it when other landlords are

> jerks, because it makes the rest of us look bad. RZ

[Guest guest]

Gaylen,

I don't think that's way out there at all! I've always kept the Bach

Flower rescue Remedy around. I honestly didn't think of it for this

situation though. Thanks for the suggestion!

Charlene

Nomoremetals@... wrote:

> Charlene,

>

> Kind of an way out there suggestion: Find a health food store in your

> area

> that carries Bach Flower Remedies. These are homeopathic remedies for

>

> emotional issues. The Walnut one is for handling change better. It

> has

> helped tremendously both times we've had to move.

> Gaylen

[Guest guest]

Shirly,

Thanks for the suggestions. I haven't yet found the office of the ADA to

call. Today though I did file a complaint with the Ohio Civil Rights

Commission. I think I will contact a Center for Independent Living. I

need to call as many people I can think of in a very short amount of

time. Well that and swim!! I swear I've been living outside.

Charlene

Shirley wrote:

> You should contact a Center for Independent Living. There is a state

> by state listing with locations in every state. They are nicer to

> work with than DHS or ORS or schools. They honestly like to help and

> many of the people that work there have disabilities themselves.

>

> Your landlord throwing you out based on the fact that your children

> have autism is a violations of ADA. There is an office of ADA that

> you can call if the CILA can't help you.

>

> Good luck!

>

> - In @y..., bluesclues@s... wrote:

> > Dear all,

> >

> > I just can't keep quiet anymore! My neighbor complained about noise

> (my

> > kids) and now my landlord is kicking us out! I can't believe this

> > because I've never once been late in the 3 years I've lived here,

> no one

> > has ever complained and the place is very well taken care of.

> >

> > I'll fight it in court of course, but..........I'm moving out

> because I

> > just don't want the hassle and i hate putting up with the landlord's

>

> > dirty looks. Plus,. and I know this will sound silly, I want to get

> the

> > pool up for the kids and I don't feel comfortable doing it here. I'd

>

> > hate to do it and just have to take it all down in 2 weeks.

> >

> > So - even though well fight the eviction let's face it, no judge in

> > their right mind would rule that we get to stay in the house when

> the

> > owner wants us out. By the way, the landlord knew the Luke and Isaak

>

> > were autistic before I moved in!

> >

> > Anyway I'm packing and Luke's not handling it well. Isaak and

> Ezekiel

> > are ok with it but Luke is having a BIG problem with his belongings

> > being " messed " with! Yea - they're doing way better but I've never

> kept

> > it a secret that they have a ways to go. I was packing some of

> Luke's

> > clothes today and he was going " Stop it - Stop it! "

> >

> > Guess I otta send this guy a " Landlord of the Year " card!

> >

> > Charlene

[Guest guest]

Dear ,

Just knowing people care about what's happening to us honestly makes me

feel better! Thank you again for writing. My kids are doing very well

right now with nutritional and dietary intervention. I just didn't need

this right now! What bad timing.

Thanks for thinking of us!

Charlene

fullarmor@... wrote:

> Oh Charlene:

> I couldn't imagine having to pack up my things and move the family at

> this

> point in life! There's so much going on...and having two...my heart

> goes out

> to you.

>

[Guest guest]

Centers for Independent Living usually have a list of all the

agencies to contact - so much easier than pouring over a phone book.

Also, Protection & Advocacy Agencies in each state provide assistance

& referrals.

It seems the Fair Housing Act has also been violated, but often the

state civil rights commssions handle investigation and enforcement of

the FHA, too.

>

> > You should contact a Center for Independent Living. There is a

state

> > by state listing with locations in every state. They are nicer to

> > work with than DHS or ORS or schools. They honestly like to help

and

> > many of the people that work there have disabilities themselves.

> >

> > Your landlord throwing you out based on the fact that your

children

> > have autism is a violations of ADA. There is an office of ADA

that

> > you can call if the CILA can't help you.

> >

> > Good luck!