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Need advise regarding potential eviction
  • JD_and_Nates_mommyJD_and_Nates_mommy
    Posts: 122Member

    My issue really started a week ago.  I live in a town house with my BF and 2 children.  I came home from work and one of my neighbors told me that she had seen the owner of the complex and the manager banging on my door earlier (when no one was home) and that when no one answered the owner took out his keys and actually entered my unit.  Upon hearing this I got my phone and started trying to call the manager to find out WTF they were doing.  No answer...for 10 freaking phone calls to the regular number as well as the emergency line.  Finally end up talking to the manager the next day, he says they can enter my unit whenever they want and they don't even have to tell me.  Long story short, I end up telling him to fuck off.


    Fast forward to yesterday, we meet with the owner and manager.  Immediatly we are told that we will not be discussing them entering our unit, but instead they want to terminate our lease for multiple reasons, most of which have to do with my 10yc DS, who by the way is autistic.  Every single complaint they have about him is due to his social issues which are because of his autism. 


    Can they discriminate against my special needs child due to his disability?  WTF?  How should I handle this?

  • momof4momof4
    Posts: 323Member
    no they can not evict you due to your son's disability! call your local social services and they can direct you in the right direction. also they CAN NOT enter your place with out notifying you ever!! they have to give you notice before they just come into your home.
  • Peace
    Posts: 2,261Member
    Do you have a copy of your lease?
    Write down exactly the reasons they gave & exactly they said, while it's fresh in your mind.

    The reasons for termination not having to do with your son, are they in the lease?

    Permissible times for entry should be in there. And some advance notification if entering for reasons other than an emergency.
    Did he say why they went in?

    How much time did they give you of termination?
  • chaosmomchaosmom
    Posts: 3,834Member
    I agree with @momof4. Call Social Services or Legal Aid. They can't discriminate based on a disability. I could see if the place was getting trashed or rent wasn't being paid. But that's it. Unless your lease is up. They don't have to renew it if they don't want to. Also, check your lease agreement. Sometimes they do have it written in there that they can enter the property without notice. One apartment complex we checked out had it written in that they could enter at will for repairs or inspection.
  • JD_and_Nates_mommyJD_and_Nates_mommy
    Posts: 122Member

    They wrote down all the reasons themselves and posted it on our door.  I will have to look at the lease, but, no, I do not believe any of there reasons are specifically noted on our lease.

  • Peace
    Posts: 2,261Member
    They posted it on your door? Unbelievable.

    Good that you have it in writing! Anything about your son on that list?
    And are the reasons they gave true?
  • Peace
    Posts: 2,261Member
    @chaosmom had a good question...are they terminating your lease or not renewing when it expires?
  • JD_and_Nates_mommyJD_and_Nates_mommy
    Posts: 122Member

    They requested that we terminate our lease and be out by July 15th.  We told them no.  Our lease is up September 23rd and if they want us out before that they will have to hire a lawyer and evict us.


    @peace yep, in fact out of there 6 reasons on the list, 4 are about my son and his social issues.

  • PhDMommyPhDMommy
    Posts: 714Member
    Do they specificity target your son or do they list things like loud noises/yelling after a particular hour?

    Check your lease on the entering thing they might have a clause in there about inspection without warning or termination for 'any other reason' (although I'm not completely sure even that would be legal). What state you do live in?

    Also, @anonymommy might be able to help.
    Ts'i mahnu uterna ot twan ot geifur hingts uto.
    No trees were killed in the sending of this message, but a large number of electrons were terribly inconvenienced.
  • JD_and_Nates_mommyJD_and_Nates_mommy
    Posts: 122Member
    They specifically name my son and specific things that have happened.  One of the things really pisses me off, because no one even complained to the manager about it, they just happened to be around when it happened.
  • anonymommy
    Posts: 1,491Member
    It's really hard to give any advice without seeing the lease, the list and being able to talk to you, but I can tell you this:  it will take them until September to get you out through the court.  Keep in mind, I'm in IL, and all of this pertains to how it works here.  I don't know where you are.  But, if they're giving you until July 15th to be out, they won't be able to file until then.  Then they have to get you served and have a first court date, at that date you can contest the eviction and it will be set for trial.  By the time you even get to the first date, you're looking at August, setting a trial should push it either to the end of August or September and then most judges, at least around here, will give you a couple of weeks to get out.  You're looking at the end of your lease by then.  I would suggest putting your efforts toward finding another place to live.  Deal with their shenanigans as you have to along the way.  If it were me, I wouldn't want to stay there past the end of my lease after this b.s. regardless of whether they dropped the issue.  Good luck, mama.  What they're doing is shitty.
  • CanadianMamaCanadianMama
    Posts: 9,655Administrator, Moderator
    Look up landlord/tenant law in your area; most are pretty uniform though. Unless it otherwise specifies in your lease, they can not enter without given you written notice (usually 24 or 48 hours beforehand). And they have to file all of this in court, and give you the opportunity to fight it.
    If you want to pm me your location I can find the landlord/tenant law in your area, and who you can contact for advice (most areas of advisors specifically for this purpose)

    community-manager


  • JD_and_Nates_mommyJD_and_Nates_mommy
    Posts: 122Member
    Im in MO, we have already started looking and honestly, the only thing we will miss is our neighbors, some of whom have become very close friends over the past two years.  We told him unless he plans to hire a lawyer, we will be finishing our lease.
  • CanadianMamaCanadianMama
    Posts: 9,655Administrator, Moderator
    K, when I get to my computer I'll pm you some links

    community-manager


  • momofdbbmomofdbb
    Posts: 9,350Member
    I am worried about that when I move ou,t to more than likely to an apartment , that my son will have issues. He is autistic and has social issues. I don't think it is legal and I would look into what these ladies can help you with.
    " Wibbly wobbly timey wimey ......." The Doctor
    " I'm a leafe on the wind..watch how I soar ." Wash :((
    " Oh the wall had it comming.' Sherlock Holmes
    yea I am geek !!
  • pdxmama
    Posts: 1,470Member
    @JD_and_Nates_mommy
    Unless there is a specific clause in your lease stating otherwise, they need to give at least 24 hrs written notice before they can enter your unit. As far as being able to evict you based on your son's behavior, he has a documented disability which makes him a member of a protected class. So, unless he has done something to endanger other residents, or is violent (i.e. setting fires or physically assaulting someone) they should not be able to evict you simply bc of his behavioral issues. If you're comfortable being a little more specific about what their reasons are in could probably give you a more certain answer. My son is on the spectrum too, and before we bought our place we were in an apartment complex too. Thank god we had understanding neighbors below us. Feel free to send me a pm if you want to.
  • CanadianMamaCanadianMama
    Posts: 9,655Administrator, Moderator
    I pm'ld you but in case anyone else wants to take a look here's a link to the landlord-tenant law booklet for Missouri:

    This part is really the part that matters: 
    Landlords cannot refuse to sell, rent, 
    sublease or otherwise make housing available 
    based on a renter’s race, color, religion, sex, 
    disability, familial status or national origin.
    Landlords also cannot charge some 
    individuals higher rent or falsely state that 
    housing is not available for discriminatory 
    reasons.
    However, there are some exceptions to 
    these rules. If you believe you have been a 
    victim of housing discrimination, contact one 
    of these agencies:
    Missouri Human Rights Commission
    Toll-free: 877-781-4236
    Jefferson City: 573-751-3325
    St. Louis: 314-340-7590
    U.S. Department of Housing and Urban 
    Development
    Housing Discrimination Hotline: 
    800-669-9777
    Metropolitan St. Louis Equal Housing 
    Opportunity Council 
    For residents of St. Louis city and St. Louis, 
    St. Charles, Franklin and Jefferson counties: 
    314-534-5800 or 800-555-3951

    Thank goodness for human rights commissions. You really need to contact them before you do anything else. 

    community-manager


  • JD_and_Nates_mommyJD_and_Nates_mommy
    Posts: 122Member

    I'll bring the letter with me tomorrow so I can say exactly what was in it


    .@madme The BF wouldn't let me go off on him...but you bet your ass it will happen once we have our deposit back!

  • Charlotte_SometimesCharlotte_Sometimes
    Posts: 1,756Member
    Wow.  That sucks.  Others are right;  they cannot enter without notice unless there is a TRUE emergency, like a busted pipe, fire, gas leak, etc.

    I have always hated renting, sooo much BS and drama.  They get to check into our background and require references... wish we could expect the same from potential landlords to know in advance if they are a-holes!    I want to move to a bigger place but am hesitant and most likely going to just stay put since I know the management here seems to be hands-off and not ridiculous.  I have had truly insane landlords in the past, scared to get into that again!


    "But a lesson must be lived in order to be learned" Ani DiFranco, Manhole
    "Screw you guys! I'm going home." Eric Cartman
  • JenInHeels
    Posts: 101Member

    I don’t know if I am too late to help you or not but I have been a property manager for apartments, commercial property and single family homes for over a decade now.  I also hold my real estate license.


    1.)    They cannot enter your apartment without notice unless there is a true emergency such as suspected death, busted pipes, fire etc.,  If they need to get in there for anything else (such as changing air filters or a routine pet check etc.,) they need to give you 24 hours written notice. This notice does not have to be mailed.  Just posted on the door.


    2.)    They cannot evict you in the middle of your lease for the reasons you have said.  You are not breaking laws or causing harm to any other residents.  They CAN ask you to leave after the lease has expired but NOT for the reasons you said.  The fact that they are asking you to leave because of your son puts them in a HUGE legal situation.  First of all, your son is a protected class because he is a child.  They cannot discriminate against him.  YOU are a protected class because of your familial status, meaning you have a family.  They cannot discriminate against you.  Last, your son’s autism is a protected class.


    You need to do as another reader who gave you a list of numbers said.  Call HUD (Housing and Urban Development) right away.  I would also, if you need to and upon their advice call a lawyer – you can sue the crap out of them for this.  It happens all the time in this country.  Fair housing laws have been around for a very long time but landlords still ignore them.  Google some Fair housing legal cases for inspiration – you need to take them down for this.


    Good luck!

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