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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I suffer with severe depression and when I am in " the grips

Customer Question

I suffer with severe depression and when I am in " the grips " of this terrible illness , I become almost completely physically and mentally immobilized . Recently, I had a depressive episode and was having difficulty caring for my apartment . Needless to say , things became a mess and out of control quickly . During this time, my landlord, who also lives in the building, decided to pay a visit . he became irate and left a very angry letter stating that I had to get the place in order or move out . I wrote a letter back and placed it under his door apologizing profusely and tried to explain the cause if this situation . I was in no way attempting to make any excuses , however. I have been making every effort to clean the mess and rectify the situation since that time. My landlord has since left me nasty letter about some past rent that he stated I did not pay. I printed out copies of all the checks that I gave him for the last seven months proving that I did not miss any rent payments. I have tried to leave notes explaining what I am getting accomplished but he just keeps responding negatively . he has told me that I can no longer keep trash on the premises and must drive it to the city dump every day. I can no longer use the laundry facilities despite the fact that the washer and drier are on my utility lines and now he is calling the parking authority complaining about me parking too close to the curb, etc. I need to mention that I have rented this apartment for 18 years with no problems and my landlord works in law enforcement . Moving will be a GREAT hardship for me , financially and in other ways, I am very involved with my local church, live close to work and am an area committee person . All of this will be greatly affected negatively should I need to move out . Please help .
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. I have good news for you. Unless you breach the contract you have with the apartment complex, you cannot be evicted. Moreover, in order to evict you, the landlord will have to give legal notice and will have to evidence a legal reason to evict you from the premises. You are current on your payments. You can clean your apartment and your apartment is not a public nuisance or help hazard. Moreover, under the Americans with Disabilities Act (ADA) he must make reasonable accommodations to you under the circumstances as well...this includes that they must allow you to use the wash facilities or make other reasonable accommodations. If the harassment continues, you need to inform him of your ADA rights and the fact that he cannot treat you like this...as well as you have not breached your contract. Tell him if the harassment persists, you will be forced to contact the US Justice Department and file an ADA complaint. You are good here. Just try to clean up as you can and pay attention to the parking requirements. Continue to seek and receive medical care where needed as well and keep going to church (ask the church for assistance if need presents itself relative to your living conditions and situation). Let me know if you have any other questions. Please rate my answer positively. Best wishes going forward!
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or comments? I want to make sure you are as comfortable as possible in dealing with this extremely important situation. Thanks
Customer: replied 1 year ago.
Does it matter that there is no lease ( I was never given a lease and I have been there for 18 years) and that the building is a duplex rather than an apartment complex ?
Expert:  Delta-Lawyer replied 1 year ago.
That does not matter. The fact that you have been living there for that amount of time illustrates that you are a tenant at law and enjoy the rights and privileges afforded as such under state law. Let me know if you have any other questions. Please also rate my answer positively.
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or comments? I just want to make sure you are as comfortable as possible as you move forward. Thanks

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