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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My mother is 84, terminally I'll (2 -3 months at best). She

Customer Question

My mother is 84, terminally I'll (2 -3 months at best). She lives in a retirement community. They are kicking her out for an alleged assault. Police were called. They never talked to her. They didn't see where the assault was real. Can they kick her out being terminally ill?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,I am terribly sorry to learn of this situation.Unfortunately the community (landlord) has the right to evict tenants from their property for violations of the lease agreement. In most of these contracts, if police are called, this constitutes a violation (regardless as to the reason for the police being called - the same is true in residential leases).I would suggest that you make an attempt to mediate with the facility. Try contacting your local bar association and ask for referrals to mediators. Often a third party neutral can help you reach a "mutually agreeable resolution" even when the two parties are at an impasse - so while the residential community may be unwilling to communicate or agree with you on the issue, if you get a mediator involved they may be willing to at least negotiate with you and reach a resolution.I understand this is probably a very time sensitive matter, and most mediators can help you on a very quick basis (so this course of action is going to make the most sense).The easiest way to set up a mediation is to contact the bar association to get referrals (they may even have an online directory), then contact several mediators, when you find one that you feel would work well with your situation, ask them to contact the other party and try to set up a mediation (that is part of their role and job).