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Can a landlord give notice to vacate to a disabled tenant for this reason?

  
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Can a landlord give notice to vacate to a disabled tenant for this reason?

Postby egann » Mon Mar 12, 2012 8:01 am

I have lived in this apartment for almost 2 years with no problem. I am disabled, and receive home and community based services.

the landlord has recently made changes to the outside of the building for a new tenant (for his dog) which has affected my access to the garbage bins, is allowing the dog to be let loose in the yard so it stinks in my apartment, which means the garbage has had to be moved to under my windows, which stinks more, and is making it a horrible living situation for me. I am autistic, and these kinds of things make it terribly difficult for me to live.

They allowed the new tenant to build a fenced in yard which causes all these problems, and I have protested from teh beginning asking them to at least make the fence smaller to allow me access to teh bins so they can be left where they always have been.

This also causes other problems because some of the workers who come to help me are afraid to go in the back to the garbage or laundry because they are afraid of the dog (it is a mastiff and huge).
they are afraid, regardless of whether the dog is dangerous or not.

I am also on section 8 and since I just got on it after a 10-year wait, I am stuck here until January. For me, being autistic, this is an impossible situation.

I emailed the landlord today that I will be contacting a lawyer since I believe they are violating my rights under the americans with disabilities law, and they emailed me back a 30 day notice to vacate.

Can they do this?

I am 58, live in PA, and just recently came home from the hospital a few days ago with other unrelated physical issues.

This new tenant is a friend of one of the landlords. During this whole process, they have lied about the extent of the changes being made until it was already done and too late to change it.
egann
 
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Can a landlord give notice to vacate to a disabled tenant for this reason?

Postby panteno » Mon Mar 12, 2012 8:09 am

You are unhappy with the situation (I completely agree) but your access has not been taken away. You cannot sue them if you can still use the amenities. We do what we have to and if your caregivers are afraid then get new caregivers.

Read your lease to see if they are in violation.
panteno
 
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Can a landlord give notice to vacate to a disabled tenant for this reason?

Postby chatima » Mon Mar 12, 2012 8:25 am

You are unhappy with the situation (I completely agree) but your access has not been taken away. You cannot sue them if you can still use the amenities. We do what we have to and if your caregivers are afraid then get new caregivers.

Read your lease to see if they are in violation.
The landlord has the right to evict under the scenario you described. Save your legal fees and start packing.
chatima
 
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