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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 50336
Experience:  Licensed attorney helping individuals and businesses
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I live in a clean & sober house with 10 other men. The house

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I live in a clean & sober house with 10 other men. The house is one of 30+ owned by a private company. One house-mate has been very rude and dismissive to me on many occassions and I have tried to remind myself exactly where I am to understand. However he has said a homophobic remark to me as well as telling me he does not respect me, both remarks happened while the house-parent was present.

Each of us had to sign and lengthy contract outlining standards of conduct. There is a three strikes policy in the contact which is not always enforced. I had to take the house parent and regional manager to task to give the offender a strike for the homophobic remark. The offender alreay has two strickes and I have none. However, the most recent incident has really pushed me to consider legal protection. I follow all the rules and am always respectful of others but I find myself fearful I will be the one to be told to move to another house.
Submitted: 2 years ago.
Category: Legal
Expert:  INFOLAWYER replied 2 years ago.
Hello and thank you for the question. I am sorry to read of this dilemma. What outcome are you seeking?
Customer: replied 2 years ago.
I seek that the company which owns this house adhere to the three strickes rule in the contract of standards, gives the offender a third strike and makes him leave this house and/or go to another company house which is only a few blocks away.
Expert:  INFOLAWYER replied 2 years ago.
Is there a lease? does he pay rent? Have you considered eviction proceedings?
Customer: replied 2 years ago.

There is no lease, only a contract of standards. We all pay $750 per month rent, although the house parent calls it a fee. All options, including eviiction proceedings are now on the table. I am on disability and a modest pension and really can't afford to hire a lawyer.

 

The offender, in a rage, threw my personal property to the floor in front of the house parent. I challenged the offender to talk to the house parent the way he talks to me. The house parent uses the excuse that he is not present when all the other offenses occur. The outbust of the offender gave the house parent a small taste of what I have to deal with on a daily basis. I've given some thought of getting a small personal recorder to use anytime I have an encounter with the offender.

 

The last time this kind of exchange with the offender happened I told the house parent I would seek legal advice. A meeting with the regional manager happened very quickly as a result. I was assured the offender would receive his second strike and I felt satisfied that the offender was being held accountable. The house parent and regional manager encouraged me to go directly to the house parent if another disrespectful outbust occured and not let it eat at me. I have followed their advice.

 

I really like this house and the other people who live here. The house was there when I most needed it but the toxic environment with the offender is really testing my sobriety. I have talked to a close friend and my sponsor about the situation and they have been very supportive.

 

Should I tell the house parent and/or regional manager I am talking with you?

 

David

 

 

Expert:  INFOLAWYER replied 2 years ago.
The manager or landlord should consider pursuit of eviction. A lawyer would be retained who can commence eviction proceedings. Martindale.com is a good resource. Good luck. Enjoy your Sunday. Kindly click accept.
Customer: replied 2 years ago.

Sorry, I may not have been clear. The issue is the company/landlord has failed to adhere to the contract of standards, not a lease, that each resident is required to sign when taken in. The contract clearly states that certain behaviors will result in immediate discharge while other behaviors will be punished with a "strike." Three setrikes and you are discharged. Others have been discharged without incident.

 

I simply want the contract I was required to sign to be enforced. I want the offender to be given his third and final strike and be discharged. My question about telling the house parent and/or manager I was seeking legal advice was not answered.

 

Expert:  INFOLAWYER replied 2 years ago.
The landlord/company can be pursued to compel their compliance. Often a lawyer letter citing the rules and the specific violations will prompt their adherence. If not, they may be sued to compel it. A court can issue a declaratory order that they are in violation.

I hope this has given you the information you were seeking and lead you in the right track. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping others or taking a break.


If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 50336
Experience: Licensed attorney helping individuals and businesses
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