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I have a friend living in a Title 8 housing. The company has…

I have a friend...

I have a friend living in a Title 8 housing. The company has been renivating the units and has made all the tenants box up all their belongings and move out at least from 7am to 6pm. My friend has no family or place to stay during the day. She has been harassed for many petty things since she moved in. The manager doesnot like her service dog. She is severely disabled both mentally and physically. Now they have served her with an eviction notice. I am not sure if they gave her any warning. And all the tenants are still paying their rent even though they can't live in their apartments. Also my friend doesn't have water

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

Sorry Oklahoma, Chouteau, Ok to be exact.

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

The lease is like most title 8 leases, no drugs, no wild parties ect. None of which she does. They charged her $300 for damage to a rug that was about the size of a 3x5 card, and the patch didn't even match. My friend isn't the easiest person to interact with as most people with PTSD ar not.

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

She had a confrontation with another tenant that came into her apartment and started a verbal argument and then pushed her. She has a large bruise on her hip. Because of physically disabilities she is very unsteady on her feet. The police were called but no charges and no tickets.

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Answered in 5 minutes by:
4/3/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,425
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
OK

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Customer reply replied 4 months ago
NO I am doing this because I believe my friend is being discriminated against because of her service dog and disabilities.

I'm sorry to hear about your friend's situation.

This appears to be a violation of the implied covenant (promise) of quiet enjoyment on the grounds that they are harassing her for petty things and it also appears to be a violation of the implied warranty of habitability if she doesn't have any water. Finally, it also appears as if the landlord is violating the law on security deposits if they are charging her for damage that was not worth $300.

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Customer reply replied 4 months ago
Ok so how do we proceed. Contact our state housing authority or federal?

There’s a site that I’ve used in the past where you can find a good template for a letter that puts the landlord on notice that their actions regarding the security deposit, the issue with the violation of quiet enjoyment, and the habitability issues (click here). It only costs $10 and it is way cheaper than litigation.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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If that doesn't work, contacting the local housing authority and possibly filing a lawsuit in small claims will be a huge help to get her justice.

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Customer reply replied 4 months ago
one other thing they did. the company doing the reactivation backed a trailer into her car and put a dent in it. Now it is an old car and all she has is liability. She was told that because it was on private property (the compounds parking lot) there was nothing she could do about it and therefore the company would not pay to fix her car. Now I know the police won't or can't issue a ticket, but shouldn't the construction company have insurance to cover such things like this?
And yes please do the letter.

I see what you mean. So, the company doing the renovations would be liable regardless of whether her vehicle was on private or public property.

This to me sounds like a classic case of negligence. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand.

Did you have any other questions for me at all?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,425
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Customer reply replied 4 months ago
Thank you very much. I may need more help at a later date. Wish I had found this site about a year ago.

You bet. Thanks so much!

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