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My two minor kids (14 & 16 year olds) and myself are living…

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My two minor kids (14...
My two minor kids (14 & 16 year olds) and myself are living in a 2-BR apartment. After 8 months, my son's mental illness is gradually coming back. He would yell every and then. He was diagnosed by several doctors as having asperger's syndrome, obssessive compulsive disorder (OCD), high anxiety disorder, tourette syndrome, schizoaffective disorder. We have an appointment on March 16 & 20th for his intensive neuro-psychiatric assessment so we will know exactly what's wrong with him and we can find the right therapy. My problem now is that the apartment management wants us to leave because our immediate neighbors are alrealdy complaining about the yelling of my son. My lease contract expires on March 22, 2012. They let me renew it last Dec. 31, 2011 for another year but they told me that the renewal is not final because of my problem. Basing on my lease contract I violated Page 6 Section 9 which briefly states that we should live in a manner that we will not disturb other neighbors -- that we can be evicted if we violate this regulation.

I already receive a 10 day notice for 3 several occasions. Now, the management is threatening me that I will eventually be evicted. I don't have the financial resources to transfer to a single home. I believe what's best for us is a single home because of my son's problem. My son's yelling is not like the whole day. It's like a few seconds in an hour's time. You may say every hour he makes his eerie sound like" kkkha, ahhhh" for an about 10 seconds in an hour. Then, he stops. Then, another like 10 seconds in another hour or two 10 seconds within an hour. It really varies. But, it is not continuous. Sometimes he makes it at the top of his voice, sometimes in a minimal volume where neighbors cannot hear.

What is my right. Do the apartment administration has a right to evict me? They want me to leave on my own. They already give me 10 days notice dated Feb. 21st. This is the 3rd time they give me this kind of notice but it did not progress to eviction yet. Before they give me this 3rd 10day notice dated FEb. 21st, they already gave me a letter that they will inform this matter to their lawyer in preparation for the eviction process.

What is my right here since my son has a mental problem. Can they really force us to leave by eviction process?

I will bring my daughter to school now and I will be back about 30 minutes later. Thank you.

Minda Turk
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 11 minutes by:
2/23/2012
Lawyer: John Legal, Attorney replied 6 years ago
John Legal
John Legal, Attorney
Category: Landlord-Tenant
Satisfied Customers: 4,632
Experience: Over 15 years legal experience.
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Thank you for trusting Just Answer. I will answer as clearly as possible. I do ask for you Accept my answer so I am paid when we are done.

The landlord is required to provide reasonable accomidation for your son's diability if you request it. Reasonable accommodation requests are often made in writing. Whether it's on a landlord's form or a tenant's stationery, a written request is advisable because it spells out exactly what you need, lowers the chances of a misunderstanding, and provides documentation of your request, should you later need it.

You need to request some accommodation that would help the situation. Possibly some type of sound proofing.

If you fail to request accommodation they do not have to provide it and can evict you. I would certainly not worry about eviction until you hear from a lawyer. Most lawyers will advise them of their obligations as well.
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