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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36628
Experience:  Attorney over 16 years, landlord 26 years
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A friend,, Jr. just received a 5 day notice to vacate. He is

Customer Question

A friend, Charles Edward, Jr. just received a 5 day notice to vacate. He is a month to month tenant. I spoke to a Mr. Brock Petre who identified himself as a co-owner and we came to an agreement that the rent would be abated until some items Mr. Edwards was promised would be corrected. He never had a stove, he had to have the water heater repaired at his expense and had to clean up the apartment, as it was deplorable. Mr. Edwards was told that when the tenant who lived upstairs moved he would be able to get that apartment for $650.00 and all utilities would be furnished. He agreed to this only to be told at a later date by a person named Laney Hebert (who also said she was the new owner) The original agree was with ***** *****, who I feel is the real owner. Laney Cox was to send via email the rental agreement. I have yet to receive it. Mr. Edwards is 100% blind and lives on SSDI. He cannot read in writing and I read them to him and make sure he understands and have his signature witnessed.
This notice was dated 6-29-16 and taped on his door 7-7-16 and witnessed by Laney Hebert. The notice was issued by ***** ***** & Brock Petre, DBA Mac Rentals, LLC. and reads that they have to make emergency repairs on the property. Mr. Petre is the boyfriend of Laney Hebert and Laney Hebert is the granddaughter of ***** *****.
There is something really wrong with this to evict a blind man who has done nothing wrong.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Can you tell me what state this is in?

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What is the basis for the 5 day notice... is he behind on rent?

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Were any of these promises put in writing or were they all verbal?

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What are the repairs that the tenant has requested to be made?

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thanks

Barrister

Customer: replied 11 months ago.
Louisiana, Rent was to be abated until he received a stove, adequate A/C, etc. All was verbal, the notice said it need emergency repairs, he does not have a place to go and being blind does not help.
Customer: replied 11 months ago.
I spoke to Mr. Petre and Ms Hebert
Customer: replied 11 months ago.
Mr Edwards has been in the Hospital and his health could very well be due to poor conditions.
Customer: replied 11 months ago.
Originally he was only to be in this apartment temporally, as he had been promised the other one. So, he put up with things because of this.
Expert:  barristerinky replied 11 months ago.

Ok, if there is nothing in writing about abating the rent or repairing things that don't make the property uninhabitable, then the landlord can lie and claim that they never agreed to these things. If there was never a stove in the dwelling, then the landlord wouldn't necessarily have to provide one as the tenant takes the property as they find it, excepting any Code or housing violations. Further, there is no legal duty to provide A/C if it is not there when the tenant takes possession. If it is there, then the landlord has to maintain it.

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The 5 day notice is typically used for failure to pay rent or a breach of the lease terms, including damaging the property, keeping the property in an unsanitary condition, allowing unapproved tenants and pets to live in the unit, or creating a nuisance. The notice must contain a statement of grounds or a reason for the eviction or reference to the lease provision that has been violated.

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With that said, if they move to evict him, he can defend by claiming that this is retaliation in return for him asking for the repairs to be made and the upgrades that were promised. It would then be up to the judge to listen to both sides and determine if there was adequate legal grounds to evict him.

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To be very honest with you, having handled landlord tenant cases for over 15 years, the judge will tend to believe the landlord over the tenant, right or wrong as that may be, and if he has no proof that they told him these things, he is going to have an uphill battle if he can't pay the rent in full or cure whatever the stated violation is within the 5 day notice period.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 11 months ago.
The notice said they needed to make emergency repairs. Not that he was behind on rent and I can testify to the conversation I had with Mr. Petre. At this point I am not sure who the legal owner is they have his deposit, etc. Where can he go? Live on the streets? I asked for agreement. HE IS BLIND. How about the American disabilities Act?
Expert:  barristerinky replied 11 months ago.

Ok, they can't terminate based on the need to make repairs. Even if they affect the habitability of the property so severely that it is uninhabitable. If the repairs are that severe then they would have to put him up in a hotel until the repairs are made.

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If they want to terminate his tenancy, they can do so legally, but they would have to give him at least a 10 day notice to terminate and then would have to pursue a formal eviction action through the courts.

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So although it is pretty heartless of them to do so, they are under no legal obligation to continue the tenancy, they just have to terminate it the proper way.

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With that said, at this point, if they haven't given him proper legal notice, then that gives him legal grounds to have any later eviction case thrown out of court for violating his procedural due process rights.

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thanks

Barrister

Customer: replied 11 months ago.
Thank you and yes it would appear that they are heartless. Now I guess I need to find out who owns the property.
Expert:  barristerinky replied 11 months ago.

You are very welcome. Glad to help any time. And if you find out that the legal owner is not who is trying to pursue any type of termination or eviction, then he can completely ignore it because only the legal owner can proceed to terminate the tenancy and only if done properly.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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