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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34456
Experience:  30 years of real estate practice experience.
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Well, I do have an important question, but I am not where I

Customer Question

Well, I do have an important question, but I am not where I can pay the fee.
JA: Where is the property located?
Customer:***** Martin, Tenn
JA: Has any paperwork been filed?
Customer: My uncle type up a generic eviction notice to be out Dec. 4th, there is no lease, my mom and I moved here when my father died. I have bipolar I disorder, anxiety, and borderline personality disorder. Which he KNEW up front! He is evicting me because I am mentally ill, I haven't damaged anything, he instigated an argument withh me Sat. night, which flipped that switch, it was verbally, emotionally, psychologically abusive, and I have slept it off for the past Three and half days!
JA: Anything else you want the lawyer to know before I connect you?
Customer: There is no other reason for the eviction aside from my mental illness, I reacted because he verbally attacked me!
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Loren replied 11 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 11 months ago.

By the way, as a member, you can switch to a phone call for free to talk through the issue. Let me know if you would like to talk on phone or continue online.

Expert:  Loren replied 11 months ago.

If you have no written lease you are a month to month tenant. As such, the lease may be terminated at any time, by either of you, upon one month's notice.

So, without a breach of the lease, the landlord can not just evict you. Nor can they evict you without a court order.

You do not have to leave until the tenancy is terminated.

Expert:  Loren replied 11 months ago.

Nor is the landlord allowed to terminate the lease for mental illness, in and of itself. That would be a violation of ADA.

Customer: replied 11 months ago.
Hello Mr. Loren,
You are truly a kind soul, and I cannot thank you ENOUGH, but pray that the goodness will come back to you times three! :)) I am 9 weeks away from graduating with a Bachelor's degree in Psychology, then onto my Master's! I lost my dad in January, and my world fell apart. Mom and I moved to Martin in March, from Hilton Head Island, SC, true paradise, and I then lost everything else, my doctor, therapist, friends, church, GONE! Well, even a small change can trigger a bipolar swing, and I spiraled downward into the darkest, loneliest place imaginable. (Prior to dad's death I had been doing really well) We got here, a far cry from my 15 years of the wonderful island lifestyle! I do not go anywhere, to avoid any situation, but oh, that does not even matter as mom and I live with her 64 yr old brother, brittle diabetic, weighs 330, and now he can't even walk! Mom and I took care of my dad, and he passed away in his bed, in his sleep age 73. He was basically total care as he was an above knee amputee. Well, guess what we've been doing for my uncle since July when he couldn't walk anymore!!? And, the thanks that I get are his sarcasm, stigmatization, alienation, cruelty, and NO desire to learn about bipolar!I have found apartments in Martin, one bedroom strictly for those diagnosed with MENTAL ILLNESS!! I pray that I can get into one soon, but thanks to you sir, I now have the peace in knowing that due to it being an ADA violation he cannot evict me strictly on that basis, which is ALL that it is! I haven't been violent or destructive, I just retaliated in saying things that I do not even remember, which is what happens, and no one believes it, My uncles son, wife and 4 kids are directly across the street, one day the wife came with the baby, I was holding her, talking, then she says, {Well I am ticked off at YOU! Why did you block us on facebook? I was in shock, mainly due to a flat out ACCUSATION, but didn't choose an ADULT manner such as, "Tammy, I noticed that we are blocked from your account, I was just wondering why, I mean, did I offend you or something?" No, it was a flat out, YOU DID IT, and as I tried to explain, she shoves her hand out saying "I don't wanna discuss this!" Over and over! Later that night, she came back to have my cousin take the lead, saying they wanted pics of their kids off my page, and I said that is fine with me, no problem. Well, showing her ignorance, she said "Well we will see if you get them off" Right then I KNEW there was a rat, which I found and blocked! hahaha I'm very quick witted, and I minored in Criminal Justice! So, that night, his threatening eviction, I told him that he had no grounds to stand on, and YOU good sir, proved me right, and have made me ELATED! I WANT out of here, if my mom chooses to be used, cooking his 3 HUGE meals a day, emptying urinals, cleaning feces all over the place in bathroom, which I HELPED her.....the man needs to be in a nursing home. Both mom and I were nurses, which now I wish we hadn't been so that she could NOT care for him! His will reads she gets the house until she dies. But, I truly wish that she'd come stay with me just one week once I get my own place, and just see how well he did all ALONE! She's not like me, she is far too passive, so it will take him being hospitalized, something go awry, and doctors stating he needed to be in nursing home for constant monitoring and things that she CANNOT do with him at home!I am writing a memoir, and after moving here I attempted suicide twice, one psychotic breakdown. ALL of which were induced by FAMILY! Oh, and family that goes to church, calling themselves Christians. It is total hypocrisy, in ever sense of the word, I will be much better once I can get on my own! The "real" me is very sweet, empathetic, NONjudgmental, funny, honest, and very social! This place has robbed me of it all, so thanks to you, I now KNOW that he cannot kick me out due to my three mental disorder diagnoses!
Sir, as I said, you are so kind to extend the help to me which I so needed! I told him that night that he couldn't due it as he instigated the whole episode, but there is protective laws for the mentally ill! I will highly recommend you to everyone in need of a lawyer! And, please know that you have given me "Aces", which feels really good! Thank you, ***** ***** bottom of my heart!
Expert:  Loren replied 11 months ago.

You are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

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Thank you!