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    How can a landlord evict a tenant with a mental illness going by hear say

    Asked Nov 13, 2007, 12:13 AM 4 Answers
    I live in North Carolina. I live in an apartment that is owned by mha.nc.gov/hud.nc.org.

    I'm bipolar, I received an eviction notice on Nov.6,2007.

    I have to move out on Dec.5,2007, I did appeal it and I have a meeting on Nov.16,2007.

    The reasons for evictions, are on October 16, I was loud abusive, I called another tenant {the N word}, and threaten do to kill myself and others, and I did not, on Oct 16 I was in my apartment and all of the sudden there was a knock at my door and someone had called the police and sent me to the hospital overnight.

    Well on October 20, I was in and out and I also had a friend with me and I have witness, one the dates, but anyway On October 20, 22, 23 and skip 21 do not know why, but I was suppose to be yelling, and screaming and saying I was going to kill the other tenants.

    My question is that these apartments are for people with mental illiness, therefore you will have problems, if the meds are not right etc. or with depression. There is no full time manager on site, which in my opinion there should be one 24hrs, but if I was doing this on the 20,22,23 why didn't anyone call the police, or manager like they did on the 16?

    Also on the 16 the manager was the one that signed the papers to put in the hospital, I never seen nor talked to her so these violaitions are hearsay no manager seen me there was no one here.

    If anyone can find out anything with the it stating that is not fair, I would apprecaite and espeacially before the Nov 16

    Thank you
    Lucy nash

    Last edited by ScottGem; Nov 13, 2007 at 07:54 PM.
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    4 Answers
    N0help4u's Avatar
    N0help4u Posts: 19,825, Reputation: 2035
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    #2

    Nov 13, 2007, 01:06 AM
    I think you need to call the equal opportunity housing and ask them for someone to represent you in court and subpoena your witness and anybody in your building willing to stick up for you. Tell the Judge that these claims are unfounded and she must have something against you personally or believing rumors. Try and figure out who would have called the police on you and why. The police won't tell you for *confidentiality* reasons.
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    KBC's Avatar
    KBC Posts: 2,550, Reputation: 487
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    #3

    Nov 13, 2007, 03:14 AM
    I wish you luck,Lucy.

    Even in the best of situations, the law can and will, evict you on grounds that you are a possible threat to others, and in an apartment setting, you are closer to your neighbors, have no legal rights as a property owner, and carry less credence in the laws eyes ,than the "average" person.( this is just reality, not my belief)

    I know you didn't mean to upset anyone else, it is just the way of the manic/depressed.

    When others, especially those who suffer from, say, paranoid schizophrenia,are in your hearing range, living around others who disturb them, what is the apartment managers responsibility?

    KEEP THE PEACE, GET RID OF THE PROBLEM.

    The law might just agree with the property owner in this case,, BE PREPARED.

    Again, good luck, I hope you come out OK in this,

    Ken
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    clucygo's Avatar
    clucygo Posts: 2, Reputation: 1
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    #4

    Nov 13, 2007, 07:26 PM
    Okay I know all that but I was trying to say that on the 20,22,23 I was in out and hardly at my apartment, I have a meeting with apartment manager, on Friday, also they are run through mental health, like I said the law nor manager was never called.
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    KBC's Avatar
    KBC Posts: 2,550, Reputation: 487
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    #5

    Nov 14, 2007, 04:26 AM
    So you are trying to say, If the law and manager were not contacted, can they prosecute?

    YES, they have presidence(sp?), your previous behavior,justified or not, it is presidence, now this isn't saying your guilty or going to be evicted, just they have a solid reasoning behind the allegations.

    It might end up fine, just the proverbial slap on the wrist,or not, only time will tell.

    Ken
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