View Full Version : Are evictions allowed when there are medical issues?
singingirl76
Nov 24, 2007, 02:03 AM
We live in Pa and my husband has been unemployed for the last 2 months. He has found a job and is in training but we weren't able to pay October and Novembers rent. Our landord said he understood and that if we could pay some when we received some money that that would be fine. That was 3 weeks ago. 4 days ago he served us with a 10 day notice for eviction. We have 5 young children (6 and under) 2 with developmental delays, and 2 with asthma (one very severe). I am in a high-risk pregnancy (almost 7 months). We just heard from 3 different people that during the winter months and/or (?) if you have young children you cannot be evicted. Is this true? Also can the medical issues help us in anyway?
shygrneyzs
Nov 24, 2007, 04:18 AM
You need to check with your state's attorney. The law you are referring to used to be true where I live but is not anymore. With all the medical conditions you describe, did you ever apply for housing assistance? Even for a short term?
LILL
Nov 24, 2007, 06:01 AM
I've heard that PA may have this law, but upon further research... it seems it's no longer on the books. Have you tried to get help through some type of social services, church or tenant organizations? It seems like the landland has been patient up until this point (most wouldn't be), but probably has bills to pay himself. By you not paying... you're most likely creating a financial hardship on him and he needs to get tenants who pay.
singingirl76
Nov 24, 2007, 09:38 AM
Housing assistance is no longer an option over here. Everyplace is closed because opf lack of funds. I have called every social service that I can think of and that's in the books and they all have the same answer... there are no funds. Our landlord has about 15 houses that he rents out so I'm not sure how hard up he is, but I also do understand where he is coming from. This is a business to him... I was just hoping there was something we could do about it.
JudyKayTee
Nov 24, 2007, 10:18 AM
We live in Pa and my husband has been unemployed for the last 2 months. He has found a job and is in training but we weren't able to pay October and Novembers rent. Our landord said he understood and that if we could pay some when we recieved some money that that would be fine. That was 3 weeks ago. 4 days ago he served us with a 10 day notice for eviction. We have 5 young children (6 and under) 2 with developmental delays, and 2 with asthma (one very severe). I am in a high-risk pregnancy (almost 7 months). We just heard from 3 differant people that during the winter months and/or (?) if you have young children you cannot be evicted. Is this true? Also can the medical issues help us in anyway?
If 3 weeks ago you agreed to pay "some money" and he has received nothing to date he is probably out of patience.
I would approach him again. I'm sure he knows of your situation but explain what you have explained here (health, loss of employment but now in training instead of receiving some sort of aid, trying hard to get back on your feet) and see if you can set up a good faith plan, then bringing rent current, then staying current.
It is entirely possibly that the Hearing Officer or Judge for the eviction will put you in contact with someone who can help you - they don't want you and your children thrown into the streets.
Landlord certainly can evict you but perhaps another attempt AND PAYMENTS NO MATTER HOW SMALL will change his mind. I own property, I've had tenants fall on tough times - the ones who promised a minimal amount and paid it stayed;. The others who either didn't contact me or promised and didn't follow through got evicted.
Fr_Chuck
Nov 24, 2007, 10:47 AM
You can take them to court and ask for additional time, if you can show that you will have some ability to pay.
But unless this is public housing, a rental user is a business person. And they require money to stay in business, lets say he has a mortgage on a rental house. If you don't pay, he can lose his rental house because he can't pay the mortgage. So it is not even fair or moral to consider trying to steal rent ( stay when you can't pay) from a man who is just in business.
He appears to have been nicer than most up to this point. The person in training for this "hew job) is he working a second job after training to help pay some bills ? Is there welfare being received. Is there unemployment money since he lost the other job?
singingirl76
Nov 24, 2007, 11:20 AM
Our landlord had come by about 3 weeks ago and I had explained to him that my husband was in training and we didn't know how long it was going to be before we got paid. I had also told him that his other boss finally had some work for him and that they were to start up that week. I said that it would be at least 2 to 3 weeks before we had some money. He said that would be fine and that to pay only a little bit when we received some income. Even if it was only $500.00. He didn't want us paying the whole amount in full. He also asked if my husband would work for him in his other houses (painting and such like) but then never got back to us. My husband's boss (the original one) screwed us over (again) by pushing back the jobs that were lined up and then never calling my husband to tell him when he could work. My husband has tried to get unemployment but he is considered self-employed so that one fell through too. We explained all this to our landlord. He did send us a letter stating that we could rectify the situation by paying Oct. (named amount), Nov. (named amount), water bill (named amount). All are on separate lines of the paper so we aren't sure if he wants all or just one as a good faith payment. We completely understand that he has been patient with us and has not had to have been so.
Fr_Chuck
Nov 24, 2007, 11:24 AM
Let me see the landlord said your husband could work for him to pay off some of the rent, and he was not at the landlords office first thing in the monring, but waited for him to call back, Ok, I can understand why you are gettng evicted by now.
You husband should be at his office with tools in hand,
And you don't know when he will get paid?? What type of school training is this.
singingirl76
Nov 24, 2007, 11:39 AM
My husband just said that someone he knows said they just went through this last year and they were told that if you have children you cannot be evicted between Oct.1 and April 1. Also several months ago a health inspector had gone through the house and said that he wanted the housing inspector to come through. He called them and when I received notice to it, I called the landlord to let him know. He asked me to tell them that everything was OK and that it was all a mistake. Then he said he would fix everything. Nothing has been done yet. The night we had first moved in there was a terrible leak in our daughters room (it was storming out). We called him and he came and had part of the ceiling ripped out. We have been here for 16 months and the ceiling has still not been replaced. That is just one example... Could we use that against him if we needed to? We are not planning on "stealing" rent. We are planning on paying all that we owe him. We are not like that. Unlike people who have done that to us repeatedly this past year we will not willingly do it to other people.
JudyKayTee
Nov 24, 2007, 11:41 AM
Let me see the landlord said your husband could work for him to pay off some of the rent, and he was not at the landlords office first thing in the monring, but waited for him to call back, Ok, I can understand why you are gettng evicted by now.
You husband should be at his office with tools in hand,
and you don't know when he will get paid ??? what type of school training is this.
Have to agree - the landlord has certainly extended his hand to help and it looks like you and your husband fell down on your end. I'd make another attempt but if the landlord doesn't want to talk to you, well, your bridges are burned.
And, yes, the whole "self employed" thing sounds like a really good deal until you get sick or work slows down or you need some type of unemployment or disability.
Perhaps the Court will put you in touch with some assistance but I'd be looking for another place now. Can family help you?
singingirl76
Nov 24, 2007, 11:42 AM
Our landlord has no office and said he was going to call us. We don't know where he lives... he said he was going to call when there was work to be done... My husband offered to fix the house up in leau of rent and the landlord said no, that if he had work, he would call and my husband could work for him.
JudyKayTee
Nov 24, 2007, 11:52 AM
My husband just said that someone he knows said they just went through this last year and they were told that if you have children you cannot be evicted between Oct.1 and April 1. Also several months ago a health inspector had gone through the house and said that he wanted the housing inspector to come through. He called them and when I recieved notice to it, I called the landlord to let him know. He asked me to tell them that everything was ok and that it was all a mistake. Then he said he would fix everything. Nothing has been done yet. The night we had first moved in there was a terrible leak in our daughters room (it was storming out). We called him and he came and had part of the ceiling ripped out. We have been here for 16 months and the ceiling has still not been replaced. That is just one example...Could we use that against him if we needed to? We are not planning on "stealing" rent. We are planning on paying all that we owe him. We are not like that. Unlike people who have done that to us repeatedly this past year we will not willingly do it to other people.
Here is my concern - on one hand you need a place to stay, you haven't paid your rent, you need a break. On the other hand a health inspector "came through" (for some reason) - who made the phone call? - so maybe you don't need to pay rent?
There was a terrible leak in your daughter's room and the ceiling has been torn out for 16 months - and still you stayed with children who are ill?
And you are going to use the living conditions against HIM when he tries to evict YOU because you haven't paid your rent - ?
Yes, you are "doing it to him" and behaving irresponsibly. My feeling? If you go into Court with this "unfit living conditions" argument no one anywhere is going to help you. You sure just lost my sympathy.
I don't know how to post a site: "Can a landlord evict a tenant in winter? Yes. The time of year has no legal effect on eviction. But some circumstances may affect eviction proceedings. For instance, special requirements may apply to tenants of federally subsidized housing and housing for the elderly."
Fr_Chuck
Nov 24, 2007, 12:06 PM
I have seen for medical reason a tenant get 30 to 60 day to help arrange to move, but as a landlord this is just legal stealing. The tennat has a legal obligation to pay or move, anything else is just wrong.
And yes, what would you call it if you let say worked for someone for three months and they did not pay you? Well he provided you housing that you agreed to live in.
If your children are that sick then why when he was working did you stay there if the place is that bad. Claiming it is not livable will not get you to stay there, it will only cause the home to be condemned and you ordered to leave at once.
So sorry you are on a pity trip, if you have no money, no way to pay bills, your husband needs to be working for money, NOW, not at sometime in the future that you don't know when. And he needs to be paying bills NOW, if he can take training when he is not working great, but you don't just stop paying the bills and expect everyone to be OK with it.