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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I have been served a termination of tenancy by American

Customer Question

I have been served a termination of tenancy by American Property Management Because The on sight manager and my daughter, who lives with me had an unpleasant conversation as my daughter was having a panic attack. She is bi-polar and has major depressive disorder as well as anxiety and panic attacks. I am her caregiver at present because she is unable to function in a work invironment. She is under a Doctors care and they are trying to get her stablized on different med but have as yet not found the right combination. I myself am a 60 years old vet with COPD and live check to check. The on sight manager has told me to call APM but they arenot responsive. She also told me to write them a letter which I am in the process of doing. My question to you is, can they terminate rental against a mental patient and a disable vet. Is there anything in the ADA that would stop this
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 1 year ago.

Good morning. Do you have a lease or rent month to month? Also what was it about the conversation and what happened, that is causing concern for the management?

Customer: replied 1 year ago.
Month to month. The manager was waiting outside of the apartment to do an alarm inspection when she got back from a bad doctors appointment and was already in an anxiety attack. Her words were "do what you gotta do" to the manager. The manager then pointed out that it is our responsibility to keep batteries in the alarms. My daughter responded harshly (but not untruthful) "I can hardly afford rent or food and you want to get on me over a battery? Alright, send me the fine." Then the manager, knowing visually that my daughter was in an extremely agitated state, prodded her by defending that our apartment has the lowest rent in portland. My daughter then responded "Don't give me that! You can talk about that when there isn't sewage pouring from the ceiling and when you remove the
black mold that is making us all sick." Again, harsh and rude, but not untrue. 3 days later we got served the termination of tenancy. My daugher called the manager she offended and left a long winded and honest apology to her, but she then called back and left a message on my phone saying that I could stay but my daughter has to go. My daughter spoke to her superior, Mike, and he said that would never be an offer they would even make. He then rescinded the the termination but issued a with cause eviction over the condition of the apartment (the apartment is fine.. we clean often, but one r oom was full of laundry because my daughter was behind on hers). They will do an inspection, but if they say we don't pass, we have to go right then and there. So basically, in my mind, this is a back handed way of trying to get rid of us for a different reason, that would look more legally favorable. Mike told my daughter that if it was "personal" that the tenant would be more likely to get a second chance because that doesn't fly. Yet he is giving us a chance as long as we pass an inspection? It seams like he is admitting it was personal. So with all that... is there anything I can do to protect myself?
Customer: replied 1 year ago.
Holly the on-site manager also told me that there was a possibility of me staying but that my daughter had to leave
Expert:  LandlordTenantAnswer replied 1 year ago.

Thank you and please allow me a moment to respond

Customer: replied 1 year ago.
Is that on top of the 50 I allready paid?
Expert:  LandlordTenantAnswer replied 1 year ago.

If they wanted to evict you, then could end the month to month tenancy by giving you both a 30 day written notice, if you have resided there for less then a year and a 60 day notice, if you have been there for more then year. They can end the tenancy for whatever reason they want BUT they can not retaliate against you. If you can show they are and/or are discriminating against you and your daughter based upon her disability, then you could have a defense to raise. If they are coming back now and saying the rental needs to be up to code and inspection, that would be, on its face, a reason to evict even if they had ulterior motives. Now, if you pass, then they could not evict for that reason but it does not mean they can not come back in a week and simply end the tenancy with the notice above, if they wanted. That is a disadvantage of not having a lease agreement for a set period of time.

Expert:  LandlordTenantAnswer replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LandlordTenantAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!