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Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 56480
Experience:  Experience representing landlords and tenants.
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I was curious about tenant privacy rights & eviction. I currently

Customer Question

I was curious about tenant privacy rights & eviction. I currently have a very intricate case with many variables; however, I have never broken the terms of my lease or any of my obligations. Many others around me I have done so and it is unrecognized. My lease states that I cannot be absent from my unit for more than 90 consecutive days. I am being told by the Housing Authority that I am now going to be watched in regard to my presence. I moved to Vermont in August 2014 two flee domestic violence and left my 15 yr old in another state with my parent. I signed my lease in November 2014 and never left the state to go and visit them until June 2015. I visited for a week. In July 2015 they came here and I grew upset with the dr here as he was unnecessarily increasing doses of medication. As directed by the social worker from the Housing Authority I gave a 90 day written notice on September 1, 2015 of my intention to relocate after my lease expired in December I was informed in October 2015 by the manager that I was number eight on the housing waiting list. I had switched back to my prior dr. Because of several medical issues. The building manager in February 2016 was contacting economic services and informing them that I was not a resident of the state. Therefore, they withheld my benefits in February until the 25th of the month. I also never received my fuel assistance. To me this is now negligence. I was served in addiction notice in February 2016 because of my Facebook post, a envelope with a a postmark from another state which was my rent payment, and to me this was very inappropriate. Now, they are refusing to give me my voucher to relocate stating that I must prove my unit in Vermont is my primary residence. It always has been as my divorce was finalized in January 2016 and in December 2015, January 2016 & February 2016 I was here and there frequently due to two deaths in my family and my grandmother had two major surgeries. I now feel like this is a complete invasion of my privacy as I am being told I must live full-time in Vermont hence not seeing my daughter, rechanging my medical care. Do you feel this is appropriate? I also worry that if they are treating me in this manner there is a huge potential that others are being treated the same, if not worse.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 1 year ago.
I am sorry, but I am having difficulty understanding your post. Kindly review, edit for clarity, properly identify the parties and the issues, and resubmit. Thank you for your cooperation,
Customer: replied 1 year ago.
I signed a lease with my housing authority in November of 2014 for the term of one year. The lease is standard with the only reference to time in it stating, "any absence from the unit for 90 consequent ice days or more is considered abandonment." After one year expires a tenant is permitted to apply for a mobile voucher to relocate to another area. I had left my home state due to domestic violence and left my daughter with my mother. 90 days prior to the expiration of the one year lease I gave the HA a notice of my intention to relocate upon the expiration of my lease. An employee/social worker at the HA informed me this was the procedure. One month later, I checked back with the manager to see if the letter was ok and he stated, "yes you are number 8 on the list." So then 3 months went by and 3 HA employees told me I did the right thing. My lease expired. After it expired I got a letter from the HA saying I was not residing in my unit. As explained to the HA & manager, I was away for 36 consecutive days due to: ***** ***** in my family, I was hospitalized for a brief time, & my grandmother had under gone two major surgeries. I told the HA, called them wrote them. Then two months later gave an eviction notice. I appealed and went to the hearing. Now my lease has been expired for 6 months. There response was this: "The HA is going to monitor me for the next year and after that they will consider a Mobil voucher." This means, despite the fact I have not signed a new lease, that I cannot go visit my daughter, cannot get my medical attention elsewhere, cannot see my family on holidays. I feel this is a privacy right. Besides telling me to contact legal aid for the $36 that I paid can you please tell me your thoughts?
Expert:  Infolawyer replied 1 year ago.
are you in possession of the property and proceeding as a month to month tenant, paying rent? is there a court order barring your entry? If have possession, month to month and no court order barring entry, you may visit. The tenant in possession in all events may permit access.
Customer: replied 1 year ago.
Yes I am the tenant on month to month. The letter from the HA said that I cannot be absent more than 90 days in a year (never saw such a thing) this weekend is Mother's Day, my daughter has the prom this month, and graduation next month. They are telling me I have to stay here
Expert:  Infolawyer replied 1 year ago.
They cannot force you out without court order which takes months. They also need to provide proof you agreed to be bound by such a rule. They cannot simply make it up. I wish you the best. I trust the answer has been helpful. kindly let me know. I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
Expert:  Infolawyer replied 1 year ago.
Kindly take a moment to rate me positively.

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