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I recently moved my elderly mother (79years old) from

I recently moved my...

I recently moved my elderly mother (79years old) from Florida to my apt in Beverly MA. My landlord is threatening to not renew my lease because of her concerns of liability with my mom being on oxygen. Can she do that? What can I do?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Massachusetts

Lawyer's Assistant: What steps have you taken so far?

None

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm afraid my mother and I are going to be evicted. Im an excellent tenet and pay my rent on time

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Answered in 3 hours by:
3/27/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,899
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

No, she can't do that. It's a violation of the Fair Housing Act to terminate a tenant's lease because they have a disability. She can't take any negative action against you based on your mother's condition. The first step is to get a note from your mother's doctor stating that she needs the oxygen and asking the landlord to allow it as a reasonable accommodation under the Fair Housing Act. Get that on the record.

If she still says she's not going to renew the lease, you can call the Attorney General's Civil Rights Division at(###) ###-####or the MA Commission Against Discrimination at(###) ###-#### See if either of them can reach out to the landlord on your behalf.

Ask Your Own Landlord-Tenant Question

It may be possible to sue for discrimination, but since the goal is to remain in your apartment, that is more likely if you can get assistance from the state explaining to the landlord why they have to let you stay. A private attorney may also be able to help, and if you have to sue, you can recover your attorney's fees from the landlord.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,899
Experience: Attorney
Verified
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Lucy, Esq.
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Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,899
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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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