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    GingerLee's Avatar
    GingerLee Posts: 2, Reputation: 1
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    #1

    Apr 26, 2010, 06:05 PM
    How does the mental health act affect a notice to vacate letter to a tenant?
    We have a tenant who threw items out of her apartment causing damage and made threats to burn down our apartment building to the police. When asked 'what about the tenants" her response was "I don't care'. We have issued this tenant a notice to vacate the premises citing damage and safety and security issues (we have 20 + elderly tenants residing in the building) as the reason. The family has decided to fight the notice saying that she is now in a facility dealing with her mental health. What are our rights?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Apr 26, 2010, 06:10 PM

    Unless she can cite (giving chapter and verse of the state statutes for whichever state you are in) this "mental health act", chances are that the judge would say "So?".
    GingerLee's Avatar
    GingerLee Posts: 2, Reputation: 1
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    #3

    Apr 26, 2010, 06:23 PM
    Quote Originally Posted by AK lawyer View Post
    Unless she can cite (giving chapter and verse of the state statutes for whichever state you are in) this "mental health act", chances are that the judge would say "So?".
    This is in Canada, so it may be different than the States law..
    The mental health act does not mention anything with regards to tenant rights, so they probably could not use that, however, their belief is that since this tenant is under mental health care, it would be discrimination against tenant to evict and that since tenant is under care (and therefore could get better) that tenant has a right to remain in the apartment. We have notified family that they can contact the tenancy branch if they wish to contest. Just want more information as to what I may meet up with in order to be properly prepared.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Apr 26, 2010, 07:17 PM
    Quote Originally Posted by GingerLee View Post
    ... their belief is that since this tenant is under mental health care, it would be discrimination against tenant to evict ...
    It's discrimination to evict crazy people for acting crazy?

    O ---- K.

    It's a crazy world we live in isn't it?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7691
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    #5

    Apr 26, 2010, 07:24 PM

    So you go to housing court and let the judge decide, even if they have special rights, it does not mean you can not file and try.

    Next why were no criminal charges placed for their actions.

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