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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My mentally and physically handy capped sister is a term

Customer Question

My mentally and physically handy capped sister is a long term tenant in this apartment complex. Recently she got bed bugs in the apartment. The manager gave her a few days to clean up her apartment so it can be fumeagated, but because of her condition plus she spent time in the hospital he gave her an eviction notice and a court date because she hasn't been able to clean it the way he wants it. Is this legal? She lives in Mi.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me:

1) What is the formal reason for the eviction? Non-payment of rent? Abandonment? Something else? Please be specific - the exact verbiage would help.

2) Does your sister have a legal guardian, or, not?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 month ago.
She has bed bugs for the first time. The manager gave her a few days to clean everything up so it can be fumegated but with her handycapps plus she spent time in the hospital its not the way the manager wants it. She received an eviction notice and a court date. She has no dody to help her and no money. She will be kicked out to the street. And with her problems that will litterly kill her. I'm her brother but I'm handicapped with no money plus I live in a different state.
Expert:  Ely replied 1 month ago.

Thank you for your reply. However, that does not quite answer my question. I need to know:

1) What is the formal reason for the eviction? Non-payment of rent? Abandonment? Something else? Please be specific - the exact verbiage would help.

2) Does your sister have a legal guardian, or, not?

Customer: replied 1 month ago.
She is being evicted because she cannot clean up the apartment the way the manager wants it so it can be fumegated, She has done the best she can. I'm her legal guardian. I'm her brother. He wants everything bagged up and clothes washed and bagged. all paperwork and personal items.
Expert:  Ely replied 1 month ago.

Thank you.

There is only a few official reasons why a tenant can be evicted. And being "messy" is not one of them. So obviously he is using a different reason (perhaps a material breach of contract based on a clause that she will maintain a subjective standard of cleanliness). And her defense to the eviction would depend on the official reason. This is why I am asking if you can provide the actual verbiage from the notice. Is that possible? Or, perhaps attach a copy of the notice with your reply?

Customer: replied 1 month ago.
I'll try and find out.
Expert:  Ely replied 1 month ago.
Great! Just reply when ready.

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