[tandj]

Hi everyone, My question is about my landlord turning my water off. I became disabled in 2004, I won my disability & back pay in Oct. 2005, I took my back pay and paid $1000 down on my trailer & furnished it, the very next month SS told me I would get my SS check on the 3rd, but they canceled my SSI check on the first of the month, This was Dec. 2005, When I moved into my trailer I knew I had enough to pay my bills, But SS at Christmas time took $320.00 that I though would be coming in every month away. So I have slowly gotten behind on my bills, I did'nt want to move, because I ended up paying close to $2000 to get into the trailer, I'm buying it. I thought I had a chance of catching up, but this month SS cut my check another $354.00, saying I owed medicare premiums. So this month I could'nt pay the rent, My lease is for $130 a week, but landlord let me pay monthly. When I moved into the trailer, the landlord did'nt want me moving in until he fixed 2 holes in the floor, well I ended up fixing them & he took a $100.00 off the rent. I recently cleaned a lot of black mold up, not knowing at the time it was black mold, now I'm having to go to the doc, for this , Come to find out that the bottom of this trailer is rotten from water leaks & really moldy. I am allowed 1500 gallons of water a month, but I've always had to pay for more because of the leaks, I told him 10 times (I bet) that it was leaking, It's so bad that now my floor is falling through in the kitchen & bathroom & dining room. He gave me an eviction notice yesterday for 10 days, And he cut my water off. Problem is I have a bladder dieases & aids & a 6 year old child, I called & told him that I had an apartment lined up (which I do) & please cut the water on, I offered him $260.00 because the apartment won't be ready until they paint. I am having surgery on the 20th and may end up with the littla bag on my side, but right now I need water because of my child & disability, QUESTION CAN this landlord cut my water off with me being disabled & having a small child? I have been told it was unlawful & I should have the health dept. come out for that & the mold. Me being HIV possitive I have taught my son to always wash his hands, And it broke my heart when my child would not eat his supper last night & was crying about the water, Yes of course I went to my mothers and took baths & got jugs of water, but is he legal in doing this to us?? And can he be charged for the mold, I've got aids, there's no telling what this has done to my body, but I've been getting sicker ever since I moved in, And I hope you have an open mind about me having the aids virus, I did not ask for it, And I did'nt get it from drugs. Thanks everyone I hope someone can help... Tanj :(

[excon]

Hello Tanj:

Lots of issues here. We should take them one at a time. First, the water. NO, he can't turn it off. And NO, it isn't your illness that stops him. It's the landlord/tenant law in your state. Frankly, I think it's your only issue since you're moving anyway. ALL the other stuff will be handled AFTER you're gone. So, what state are we talking about?

From now on, EVERY communication with your landlord MUST be documented. If the conversation takes place on the phone, then send them a letter or email outlining and confirming the points discussed. Once I know your state, I'll suggest a few points to make in a letter to him, that I'll bet will get your water turned on.

That is IF, you don't get it turned on by complaining to the health department first. Absolutely, do that. Get and keep ALL the documentation you can.

Once the water is turned on, we can deal with the eviction.

excon

[CaptainForest]

I do not mean to be insensitive, but who the heck cares if you have aids?

You mentioned that like 3 times.

Whether you have aids (or diabetes or whatever else) is not relevant to this case.

The case is simple: You have not been paying your rent, can your landlord shut your water off?

Answer (as excon has already said, which I agree with): NO, he can not.

If your son was crying about not being able to wash his hands before dinner, why not take him to a neighbours and have him was his hands there?

[tandj]

Actually I took my son to my mother's & he's there now, As for talking about aids so much, I thought this would be a good reason for him not to cut the water off, plus I guess it's always on my mind, It hurts very much, I use to be like so many others & think only Gays, & druggies had it, Never thought I'd ever have it. God forbid you ever contract it, I guess you would keep it to yourself. Do you feel better now that you told me nobody cares or (who cares)? I hope it does.. I thought this was a place to get questions answered & just someone to talk to, Someone that knows & cares, Not a place where people make you feel worse, Guess I was reallly wrong, As for Excon Thanks for being nice. I really did think this site was for helping people not making them feel worse!! I also thought there would be more people open up, But there is a lot of people out there in the same condition as me & they won't say anything because of people like you!! That is so true! But I just had a thought, there are people that only feel big or happy when they are making other's feel bad. Just like some people can only feel important if they are over someone else. There's so many that would'nt feel like they were **** without jobs that are over other's. You can say whatever you want, but inside, You know I am so right about everything I said. I'm sure you'll have a come back. You can have this site, I don't want to bother you or make you listen to me crying because I'm sick anymore, Happy?

[CaptainForest]

Perhaps you misunderstood me.

I am not saying I do not have compassion for you and your illness. I am very sorry you have aids. It is not fun when someone gets sick.

What I am saying is don't use your illness as an excuse.

You need to take responsibility for your actions.

I know some people, who are also sick, one doesn't use it as an excuse while the other does.

The fact that you have aids has no baring on this case.

You did NOT pay your landlord the rent.

He shut your water off. That was WRONG on his part, he has no right to do that.

But, you have no right to use your aids as an excuse.

Especially since you have a child of your own. What kind of lesson are you teaching him?

I am aware that not only gays and druggies get aids as you have said.

And, if I ever do get it as you suggested, I won't use it as an excuse. If I don't pay my rent, I will find another way to get money, I won't go around saying, I have aids, I know I didn't pay my rent, but I have aids. Forgive me.

Take some responsibility for your actions.

And again, I am sorry you are sick. I hope the medication you are on is helping you. But you can't use it as an excuse.

[Fr_Chuck]

Ok?

Are you renting or are you buying.

You mention that you paid so much "down" but then you talk about lease and rent payments.

( you can't have both, if you are buying you have trailer payments, and would be paying rent on a pad that would include water perhaps,

If you are paying rent, is this a rent to own situation.

So what does you lease payment say about who does repairs to the trailer. Is it their responsibility, or is it yours? This should be plain and simple in the wirtten lease. Next of course if it is theirs, and they are aware of it, and they are paying the water bill, it is their problem.

Next no water can not be turned off, they may sue you in court for either eviction if you rent, or they may sue you to foreclose if you are buying.

Next yes, you seem to want to use the fact you are ill as some level of excuse it is not, at least none that will stop a private person from evicting, or even the water company from cutting off your water if you failed to pay the water bill.

Have you checked with any social service programs for rent or untility assistance, many of my tenants get help with a month or two of rent if they are about to be evicted, and many get help paying their utiltiy bills.

In the end if you over estimated the amount you can pay for either rent or a trailer payment, you may not have a choice. You have to work on a budget and live on it