Disabled Tenants Cannot Be Evicted


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Tenants Responsibility To Pay Rent

Problem Solvers: Disabled tenant fights eviction in Tulsa

A Florida tenant, disabled or not, must pay his rent on time according to the terms of her lease. A disability does not exempt a tenant from meeting this obligation. But even if a disabled tenant fails to pay rent on time, a landlord cannot force an eviction without following certain legal procedures.

Only in certain circumstances does a tenant have the legal right to withhold rent. One example is when a landlord fails to provide a safe and habitable home that meets local housing codes. Even then, the tenant must get the courts permission to use the withheld rent to fix the problem that the landlord failed to resolve. If the tenant doesn’t follow this court procedure, a landlord may still evict him for nonpayment of rent.

Are You Disabled And Being Evicted

Generally speaking, a landlord cannot evict you because you are disabled. If your disability is causing a nuisance or is considered bothersome by any other tenants, then the landlord may pursue eviction proceedings allowable by law.

Some landlords will, at this point, offer to bring in outside agencies to assist the disabled tenant, and all will be well. Other landlords, for reasons that do not have to be divulged, will pursue the legality of evicting you in a proper court of law.

If this is your case, and you still maintain your innocence in the matter all is not lost. There are options you can pursue to protect yourself.

We are going to show you how to do that by using DoNotPay!

Win Or Lose Whats Next

Example of winning at trial:

  • The judge says the tenant is allowed to stay in their unit because they proved their defense of the breach of the warranty of habitability, but the judge ordered them to pay a portion of the back rent within 5 days.
  • If a tenant pays the back rent on time , the tenant will win the case and wont have to move out.
  • If the tenant doesnt pay the back rent on time, the landlord will win and the tenant will have to move out.

Example of losing at trial:

If the tenant loses at trial, the landlord will receive a judgment of possession, which gives possession of the unit to their landlord. Tenants in this situation have a few options:

  • They can ask for more time.
  • If the judge tells the tenant in the courtroom that they will be evicted or have to move out, tenants can ask the judge right then and there for more time before they have to move out. To do this a tenant can say: Your Honor, I request 30 days to move. This extension of the time to move out is called a stay of execution of the court order.
  • Tenants should be ready to explain why they need more time to move. NOTE: A tenant might have to pay their landlord for this extra time in their unit.
  • Even if the judge does not give the tenant more time, the tenant does NOT need to move out the same day as their trial.
  • Tenants can ask for relief from forfeiture, if appropriate.
  • Tenants can ask for a sealed court record, so that the eviction does not appear on their credit record.
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    How To Fight An Eviction Using Donotpay

    If you want to fight your eviction but don’t know where to start, DoNotPay has you covered in 4 easy steps:

    1. Search for and open the Landlord Protection product on DoNotPay.

    2. Select which issue applies to you.

    3. Answer a simple set of questions, so our chatbot can collect the necessary information to create your demand letter.

    4. Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter, and it didn’t work, we can help you start the small claims court process.

    You should hear back from your landlord directly once your demands are sent.

    DoNotPay is here to guide you through your eviction process and file your disputes on your behalf. Our Landlord Protection product can also help you:

  • Get back your security deposit.
  • Learn about your state’s eviction laws and what protections apply in your case.
  • Resolve disputes regarding repairs with your landlord.
  • Resolve disputes with roommates by filing demand letters or going through small claims court.
  • Break your lease early.
  • Positive Stories Of Adults Living Independently With A Disability

    End Unfair Evictions

    The Census does not collect specific information on adult children with special needs and independent living however, learning about the true stories of people with different types of disabilities who have lived and thrived on their own can help dispel the fears and myths associated with young adulthood for people with special needs.

    The media might like us to believe that everything is bad news. Use the right keywords, and you just might find a story that supports your fears. But if youre a parent of an adult child with special needs, youre likely here because you believe independence is possible for your child. Maybe youre unsure about where to start.

    Positive representations of people living independently with disabilities are a good place to start. Here are just a few, diverse examples of real people who have lived alone or alone with a partner despite what society thinks theyre capable of.

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    What Is The Point Of Discovery Responses

    Responses may be used to raise questions about the responding partys truthfulness or believability, or to introduce, or put limits on, what issues can be brought to the judges attention during the trial. This is why it is important to respond to discovery, access legal counsel if possible, and make sure the other side is following the rules in its discovery request.

    Renters Rights And Housing Assistance For People With Disabilities

    Living independently is a goal for many young adults with disabilities. Its an important part of having a fulfilling life, and the drive for freedom exists regardless of ability.

    Medical advancements, supportive therapies, and architectural trends have made it possible for adult children with special needs to not only live, but thrive among their peers. Today, people with Down syndrome typically live well into their 60s, which is several decades longer than in past generations.

    Many people with Down syndrome live and work independently, and so do many other adult children with disabilities. Adults with autism and other intellectual spectrum disorders are no exception.

    Most parents never wish to limit their childs potential, but fear can give way to sheltering. But the truth is, adults with disabilities can form a shelter and a family all their own under the right circumstances.

    Don’t Miss: Center For Autism And Developmental Disabilities

    Whos Who And What Happens When

    Eviction trials can go quickly. The landlord will present their entire case first. After this, the tenant presents their entire case. Both parties have the opportunity to go through the same steps to try and prove their case. These steps are:

  • Opening Statement brief summary of the partys argument for why they should win the case and what they intend to prove or disprove at trial.
  • Witness Testimony an opportunity for a party to bring people to speak in court, called witnesses, to speak about the information they know, or to confirm photographs or other documents.
  • Cross-Examination asking questions of the other sides witnesses .
  • Re-direct Examination time to question a partys own witness after the other side cross-examines their witness.
  • Present Evidence an opportunity to present documentary evidence.
  • Closing Arguments an opportunity for both parties to provide a summary of their argument, about what the evidence during the trial proved, and why the judge or jury should agree with them.
  • Each step is explained in more detail below for both the landlord and the tenant, including examples and helpful tips. Note: Some judges will not allow opening statements and/or closing arguments in evictions. But if one side gets a chance to do an opening statement, for example, the other side must be given a chance to do an opening statement a party may still decide to waive or not do the opening statement, but they must be offered the opportunity to give one.

    Disabled Tenants’ Right To Make Modifications

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    Landlords must allow disabled tenants to make reasonable modifications to their living unit or common areas at their expense, if needed for the person to comfortably and safely live in the unit ). You have the right to modify your living space to the extent necessary to make the space safe and comfortable, as long as the modifications will not make the unit unacceptable to the next tenant, or if you agree and are financially able to undo the modification when you leave.

    Examples of modifications undertaken by a disabled tenant include:

    • lowering countertops for easier access from a wheelchair
    • installing special faucets or door handles due to limited hand use
    • modifying kitchen appliances to accommodate poor vision or blindness, and
    • installing a ramp to allow wheelchair access to a raised living room.

    These modifications must be reasonable and made with prior approval. A landlord is entitled to ask for a description of the proposed modifications, proof that they will be done in a workman-like manner, and evidence that you are obtaining any necessary building permits.

    In addition, if you propose to modify the unit in a way that will require restoration when you leave , the landlord may require you to pay into an interest-bearing escrow account the amount estimated for the restoration.

    Recommended Reading: What Conditions Are Considered For Disability

    How Eviction Laws Protect Tenants

    In most cases, landlords cant evict their tenants just because they dont get along. They must provide proof that a tenant broke terms of the lease. In other words, they must have photos of property damage, paperwork proving your rent has gone unpaid, or documented warnings against having unpermitted pets on the premises, which were then disregarded. The landlord then submits these documents to housing court, which will assess whether eviction is warranted.

    Unlawful Detainer Discovery Timeline

    Discovery begins:

    • 5 days after the landlord serves the tenant with the summons and complaint OR
    • 5 days after the tenant has filed an answer to the unlawful detainer lawsuit, whichever happens first.

    Discovery must be completed:

    • five calendar days before trial.

    CAUTION both parties are required to respond to discovery that was correctly served on them. To avoid severe consequences, a tenant in the discovery process should prepare and serve responses to these requests prior to the legal deadlines.

    A tenant and their landlord can also agree to different discovery deadlines. However, if they do agree to a different discovery deadline, it would be best if the agreement is documented in writing by email, text, or letter.

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    Disability Rights California Self

    This guide provides general information to help prepare litigants to understand the unlawful detainer process. The unlawful detainer process is the legal process a landlord must go through to evict a tenant.

    This guide provides general information to help pro per litigants understand the unlawful detainer process. The unlawful detainer process is the legal process a landlord must go through to evict a tenant. While this guide cannot cover every possibility in unlawful detainer actions, it is written to help give a basic understanding of a tenants rights during the process. The table of contents, unlawful detainer process flowcharts, and narrative description , provide big picture references to refer back to as you navigate this guide.

    If you are a tenant who needs help, you can contact your local courts self-help center, where you can get assistance filing court forms, including those required in the unlawful detainer. The courts self-help center cannot give you legal advice, but it can give you information on other legal organizations that might be able to represent you or give you legal advice.

    Find your local courts website and self-help center information here: .

    Disability Rights California is committed to the inclusivity and visibility of transgender/gender-variant/intersex people. We use they/them/their pronouns in this document to be inclusive of all Californians.

    What Is The Outcome Of Mediation

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    Just like with negotiated settlements, if a tenant reaches an agreement on all or part of a dispute, it would be best if they put their agreement in writing. The agreement should include terms about how the lawsuit is supposed to be resolved . Caution a tenant does not have to accept the settlement terms that the landlord/landlords attorney or the mediator suggest. If the tenant does not reach an agreement, their case will return to court as if the mediation had never happened.

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    Negative Effect Regarding Tenancy

    To make a complaint regarding tenancy, the respondents conduct must have a negative effect on the complainant regarding the tenancy. This includes:

    • Refusing to rent a space that is advertised for rent
    • Terms and conditions of a tenancy
    • Harassment based on a personal characteristic is discrimination if it interferes with a tenants right to the quiet enjoyment of their space

    A negative effect can arise where a person is treated the same as others, but this has a negative effect on them.

    For example: A tenant uses a wheelchair and cannot access the apartment building because the only access is by stairs.

    For there to be discrimination in this kind of situation, the respondent must reasonably be aware that the complainant needs accommodation.

    For example: The complainant told the respondent they need accommodation or it is clear that the complainant needs accommodation.

    There is a duty to accommodate to avoid a negative effect based on a personal characteristic.

    How Does A Tenant Send Their Responses To The Discovery Requests

    A tenant must have someone else mail the responses and sign the proof of service. The proof of service is a written declaration that the person served or delivered paperwork to someone. The person who serves and signs the proof of service for the tenant must be a resident or employee in the county where the mailing occurs and must be age 18 years of age or older .

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    Housing And People With Disabilities

    In 1991 the General Assembly added “handicap” as an additional protected class to Virginia’s Fair Housing Law. Handicap or disability includes, but is not limited to, physical or mobility limitations, psychological disorders, emotional and mental illnesses, learning disabilities and addiction recovery. If someone is disabled, you cannot refuse to rent to them because of their disability.

    • Fair Housing and People with Disabilities brochures: |
    • on Reasonable Accommodations and Assistance Animals

    Connection Between Negative Effect And Personal Characteristic

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    Poor treatment is discrimination only if it is connected to a personal characteristic. This means that a personal characteristic must be at least a factor in the negative effect. It does not need to be the only factor or the most important factor. A complainant does not need to show that the respondent meant to discriminate or was motivated by discrimination.

    A person may believe that a personal characteristic was a factor, but a complaint must set out facts supporting the belief. Examples:

    • The respondent identifies the personal characteristic. For example: A landlord says they will not rent to a person receiving long term disability benefits because the landlord assumes the person would not be able to pay the rent. A building manager repeatedly makes sexual comments to a tenant.
    • The respondents actions affect the complainant because of a personal characteristic. For example: The complainant uses a wheelchair due to a disability and cannot access their suite because the only access is by stairs. Note: this is enough to file a complaint. However, if the respondent justifies its action by showing that they acted in good faith and took all reasonable and practical steps to avoid the negative effect, then there is no discrimination.

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    Landlords Tenants And Housing Discrimination

    The Saskatchewan Human Rights Code protects your right to equality without discrimination based on the protected grounds of disability, age , religion or religious creed, family status, marital status, sex, sexual orientation, race or perceived race, nationality, place of origin, ancestry, colour, receipt of public assistance, and gender identity. Discrimination based on any of these protected areas is against the law when a person is applying for rental accommodation or housing.

    Who needs this information?

    Anyone renting, leasing, subletting, or purchasing property in Saskatchewan should be aware of The Saskatchewan Human Rights Code and how it applies to housing issues.

    Landlords and Tenants

    A landlord has the right to obtain information about an applicant that is relevant to their qualifications as a tenant, as long as that information is not used for discriminatory purposes. Under the Code, all applicants must be given equal consideration. Prospective tenants have the right to have their application considered without discrimination. A landlord, or anyone acting on their behalf, cannot exclude applicants on the basis of any of the protected areas listed above.

    A landlord can indicate certain preferences, as long as that preference doesnt exclude people on the basis of protected grounds. A landlord must still be prepared to rent to people outside of the preference, and fairly consider their applications.

    Some Exceptions

    The Duty to Accommodate

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