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RosieB · Aug 5, 2007, 06:51 PM

Hi all,
My brother is bipolar and recently had an episode in front of his apartment complex in the middle of the day. He was loudly shouting a verse from the bible out front and scared some of the tenants. The owner and apt manager were there and called the police. He was taken to the hospital. The next day there was a 30 day notice on his door--he had signed a one year lease and it was only his first month in the apt. My brother was hospitalized for his condition, was medicated, now stable and we are wondering if there is anything we can do to keep his apartment. He is financially able to pay his rent and is committed to taking his meds and is under the care of a psychiatrist.

Any help would be appreciated!

Many thanks,
Rosie

jrb252000 · Aug 5, 2007, 07:00 PM

You might want to go talk to the landlord and explain what the situation is. If not I don't think there is much else you can do.

ScottGem · Aug 5, 2007, 07:02 PM

The 30 day notice is a formality the landlord has to go through to get him evicted. He should go to the landlord with a note from the doctor and a promise that he will stay on his meds. If the landlord decides to go forward with eviction, he can pleade his case (with his doctor as a witness) in court.

Nosnosna · Aug 5, 2007, 07:08 PM

He can't be thrown out for the mental disability itself. He can, however, be evicted if the behavior caused by the disability is dangerous, or disruptive to the point that it explicitly violates his lease.

That being said, the landlord has to show that the lease has been violated. Chances are, he can't do that. Even if he can, your brother can't be thrown out until after the lease has been terminated by both parties or by a court.

RosieB · Aug 5, 2007, 07:18 PM

Thank you all! You are amazingly fast! The behaviour was unacceptable, but clearly he was in a mania. I have looked at the lease and it says specifically states that loud, obtrusive noises are not tolerated, and would violate the lease. My brother has asked the manager for another chance but was denied. Does anyone know if we have any legal recourse under the Americans with Disabilities Act?

shygrneyzs · Aug 5, 2007, 08:01 PM

Yes, he does have recourse under the ADA. Does he have a disability case manager? Is he on housing? Is there a disability advocacy organization where he lives or in the state?
Has he contacted Legal Aid? Or the ACLU?

Here is a guide to disability rights:
A Guide to Disability Rights Laws

Fair housing:
Title VIII: Fair Housing and Equal Opportunity - HUD

I have used the Justice Department concerning violations of the ADA concerning my youngest son. They do not respond the fastest in the world. I would call the local fair housing council, HUD, a disability advocate, legal aid, and possibly the ACLU. Throw everything legal at this. Rattle as many cages as possible and best of luck for your brother.

ScottGem · Aug 6, 2007, 05:18 AM

I'm not so confident that either the ADA or ACLU will help in this case. The lease contains a provision about noise. Its not an unreasonable provision and it is upholdable. So the question is going to be whether a judge decides that he violated the lease or whether such a hasty eviction is discriminating against him because of his condition. I have the feeling a judge is going to look at it as upholding the lease.

Even if your brother does win, I doubt if his lease will be renewed, so it might be better to look for a new place.

shygrneyzs · Aug 6, 2007, 05:31 AM

I agree about the noise but since that was related to his disability and now, with medication, is better, that would be the avenue a disability rights advocate would take. I have a neighbor who has gone through this and the management lost their case. While her brother may win or lose, it is worth fighting for.

ScottGem · Aug 6, 2007, 06:20 AM

I agree its definitely worth fighting for. And there is a decent possibility they will win. But it could go either way.

Cvillecpm · Aug 6, 2007, 07:40 AM

If he was OFF his medication, he may not be "protected" so he needs to stay on his medication to claim a disability.

If he stays on his medication he may be protected; however, if he becomes distuptive and does not take his medication and the police have to keep coming to get him, that will show a disruptive pattern which may cause an agency to get involved and force him into a "group home" setting.

froggy7 · Aug 6, 2007, 05:23 PM

Does what he was shouting matter? For example, I would find it very uncomfortable to live next to someone who was shouting that I was an evil person and that he would come kill me when he was off his meds, even if he is the nicest person possible when on his meds. It's not quite the same thing as having someone with loud music next door.

Apartment living Consult · Aug 8, 2007, 10:26 AM

What the land lord is doing is wrong, have you talk to anyone in the main office, if not this needs to be done. Your brother is sick, what happan to him is no different that a person having a epileptic episode outsinde the complex. Most company's have ethical guide lines they go by, and don't want to be branded as a unfriendly place to live. Go up the ladder and you will see doors open.