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Can I be evicted while on deployment if someone violates the…

Can I be evicted...

Can I be evicted while on deployment if someone violates the no smoking policy in my lease?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

I live in public housing in Dunbar Wv. My son and I have been living there since 2000. Effective April 1st, 2018 the no smoking policy will become effective. I don't have a problem with it but my son who is schizophrenic and I know he probably wouldn't abide by it.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The new policy said three warnings then they would proceed with eviction.

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Answered in 2 hours by:
3/24/2018
Attorney 1
Attorney 1, Other
Category: Landlord-Tenant
Satisfied Customers: 2,777
Experience: Knowledgeable and experienced attorney
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Hello, and welcome. I am a licensed attorney and happy to assist.Is your son listed on the lease as a responsible party?
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Customer reply replied 3 months ago
but he is schizophrenic.
Thank you. Please be patient for a few minutes while I prepare your response.
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Thanks for your patience.Hello, and welcome. I am a licensed attorney and happy to assist.In the case of deployed military service member evictions, the law does provide certain protections. Before the eviction process can take place, the landlord must get a court order allowing things to move forward and you would have the opportunity to show why an eviction would be unfair under the circumstances. You should be able to appear at the hearing by phone permission or possibly have someone appear in your stead if you cannot be physically present. You could argue that smoking was permitted when the tenancy began and that was a basis for your decision to rent the unit with your son. You could further argue that your absence makes the policy impossible to enforce because you cannot control your son's behavior without being there and he is unable to control it without you because of his medical condition. You could further request an order that the policy not be implemented until you are back in the home and/or that the policy be modified to allow smoking in a manner that mitigates the effects on the landlord and other tenants. That could be the use of smokeless ashtrays or other devices that would minimize or eliminate the actual smoke. Not sure whether this would work, but it's an argument that could be made. If this is a policy being implemented to retaliate against you and/or your son or in discrimination of his disability, that should be noted, as well, but if there has not been a contentious relationship between you and the landlord, you can expect one if you raise that as an issue.You may also want to talk to the landlord ahead of time and to your son to see if an alternative arrangement can be reached.I hope this helps. If you need additional information or clarification, just let me know and I will continue to provide assistance. If I have answered your question, please remember to leave a positive rating where indicated. Five star ratings are especially appreciated.Good luck!Best,
Attorney 1
Attorney 1
Attorney 1, Other
Category: Landlord-Tenant
Satisfied Customers: 2,777
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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