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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 24836
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Can the management of an apartment complex threaten an 86 yr

Customer Question

Can the management of an apartment complex threaten an 86 yr old veteran, who served for 36 yrs, and needs 24 hr care , with eviction . Their reason is , that he can not have anyone (a secondary care giver ) when his caregiver can not be there .
Submitted: 9 months ago.
Category: Legal
Expert:  LegalKnowledge replied 9 months ago.
Good morning. Why is the complex refusing to allow him to have someone present to care for him? What is their argument or issue? If he needs 24hr care and the the main caregiver can to be there, what is their issue?
Expert:  LegalKnowledge replied 9 months ago.
Hi, are you still with me?
Customer: replied 9 months ago.
They are saying that the only person who is allowed to stay overnight is me . Because on the lease my name is ***** ***** one that can occupy my apartment. That they've made an exception by allowing my care giver to stay . They're saying that my son (alternate caregiver) has been staying for weeks and months at a time . Which is not the case . When my care giver has to leave ( for medical issues, family emergencies, or vacation,also holidays) my son steps in . I need 24 hr care . I've been living here for 2 yrs , and they've never had an issue .
Customer: replied 9 months ago.
I did ask where they got the information, was it from one of my neighbors or from an outside source ? And was told it didn't matter . You see , I have family members who are trying to cause as much trouble for me and my caregivers as possible. They would love to put me in a nursing home , and take over my finances .
Expert:  LegalKnowledge replied 9 months ago.
Thank you. Allow me a moment
Customer: replied 9 months ago.
No , thank you though
Expert:  LegalKnowledge replied 9 months ago.
Thank you for the additional information. In order to evict you, they need to have a legal basis to support it. Based upon what you shared above, they are claiming that someone other then a caregiver is staying there, for an extended period of time. You stated that they claimed that your son is staying for weeks and months at a time, which would defeat the statement that he only stays when your caregiver can not. As such, that appears to be there basis. However, they would need evidence to show and support this, if they wanted to evict. They can not discriminate against you because of health issues and if you need 24 hour care, you can have someone stay with you. To contest this, you would need and want to show when your caregiver is off and unable to be there and show only the times when you son has to help out and that is is NOT for any more time then is needed for your care.
Customer: replied 8 months ago.
There have been times when there was a day or two overlap . You see , my son lives 6hr away and has to drive here . And when my caregiver has had to be hospitalized, he stays an extra day or two to make sure that she's strong enough to take over my care . Also , in October of 2014 , there was a family function and I called the management to ask if I was allowed to have overnight guests for a few days . I was told , by the same person who wrote the most recent threatening letter " don't be foolish of course you can , they just can't move in with you ." That could never happen . You see , I live in a 2room apt. And there's just enough rm for 2 . Should I write the manager a letter , asking her for dates and times of when , what she's alleging is happening ? Also , I've been over my lease agreement with a fine tooth comb and no where does it state that I can't have guests or over night visitors . Or should I wait for them to make the next move ? I have been a nervous wreck , I haven't been able to sleep , or eat . I've even been crying ( I was a commander in the United States Navy , I Don't cry !)
Expert:  LegalKnowledge replied 8 months ago.
You should wait and see what, if anything, that they do. If they provide you notice in writing, you can respond and contest this, asking for proof or evidence. There is nothing wrong or illegal about having an overnight guest. As they said, they can not simply move in and reside there. I understand you have been upset and nervous about this but as long as you can show he has stayed only when the caregiver could not and it was for your medical needs, you should have a defense.
Expert:  LegalKnowledge replied 8 months ago.
Please let me know if there is anything else, as I would be happy to respond. If not, please just remember to rate my help at the top, so the site will give me credit for my time.

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