Criminal Law Questions? Ask a Criminal Lawyer.
Hello again. As I noted in my other post, I was off line for much of the evening and this just popped into my in box (that you requested me). Please let me get a handle on this issue also and read the prior Q & A sessions with you so that I can get back up to speed on what is going on with your niece's case.
I will post some answers tomorrow by early afternoon -- and I thank you for your patience. Please also remember -- I have to interpret the law as the law and I am not going to tell you something simply because you WANT to hear it and I will be paid for my time. The legal answer(s) I might give may not be pleasing, however, it will be clear and understandable and I believe that is what you are looking for.
Listen, we got all weekend to do this! Your daughter is your #1 priority. Take care of your angel and get some rest. I will look to here from you at your convience. I will pray she recouperates quickly and you can enjoy her on this Easter holiday weekend. My niece is sick from dialysis and stress of being unfairly evicted. I believe the Lord will direct our paths.
Hello Again.. You state that the magistrate said that your niece is an "at will" tenant -- does she have a lease to rent the place -- or is her rent paid month-to-month? If she does not have a lease, then the "at will" tenant statement means that she can be asked to leave with 30 days notice at the request of the Landlord -- and the magistrate is right. There is not much you can do about a general eviction for an "at will" tenant -- the law requires simply a 30 day notice and nothing more.
If your niece were completely healthy I would say that there is not much you can do. However, if you genuinely believe that there is a discriminatory reason for the eviction and you can show that, then you may be able to stay the eviction or at least sue them afterwards. Are they any legal aid offices or disability law centers near you that you can speak to about the case? You really need some lawyer who would be willing to take on the case and try to stop the eviction -- and I am not sure how easy that will be in your area. You could attempt to file the appeal yourself and state that the reason for the eviction is discriminatory due to your niece's illnesses. However, if she does have a criminal record -- no matter how innocent of the charges she may be -- this is going to be very difficult to fight.
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