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    TrueDelphi's Avatar
    TrueDelphi Posts: 4, Reputation: 1
    New Member
     
    #1

    Jan 9, 2007, 01:18 PM
    Husband was blind - Landlord was co-ercive
    Last spring, my husband was blind. He became blind mid-December
    And remained so until a final eye operation in mid-August.

    During the period of March through April 2006, our six month lease
    Was up. Moving would have been impossible - two doctors had stated at that time
    That I was close to a nervous breakdown. Also, I needed to keep Mark inside the unit
    We were renting - as he was familiar with everything in the unit. (When you are blind, you need to know where things are, and that is something that you attain only after familiarity.)

    Knowing this - our landlords inserted a clause into the lease stating that we would now pay our utilities. As the unit's utilities are not separate from the main house, with only a single meter for both households -the utilities are exorbitant -
    PG & E adds a "overage" charge to the utility bill as it looks to them as we are only
    One unit and are not willing to conserve.

    We protested in writing - but it came down to our agreeing to this increase in monthly rent expenses or moving out.

    Now we are behind in paying the utilities and they have served us a three day notice
    Because of the utilities not being paid.


    Is there any way that we can fight this?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jan 9, 2007, 01:21 PM
    I would look into this as a violation of the ADA (Americans with Disabilities Act). Check out their Home page:

    ADA Home Page - ada.gov - Information and Technical Assistance on the Americans with Disabilities Act

    You should be able to find a local branch who will help you with this.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Jan 9, 2007, 04:48 PM
    If you had a lease which included the utilities, they can not change the lease on you. Or force you to.

    If you are on a month to month rental, they can change the rental agreement with a 30 days notice.

    If the reason they changed it was because normally you were not home all day but now you are home all day using a lot more electric,
    But I could see a increase not a complete change.

    But in the end you did have a right to move, and could have moved.
    You did agree to the terms.
    TrueDelphi's Avatar
    TrueDelphi Posts: 4, Reputation: 1
    New Member
     
    #4

    Jan 9, 2007, 05:56 PM
    Quote Originally Posted by Fr_Chuck
    If you had a lease which included the utilities, they can not change the lease on you. or force you to.

    If you are on a month to month rental, they can change the rental agreement with a 30 days notice.

    If the reason they changed it was because normally you were not home all day but now you are home all day using alot more electric,
    But I could see a increase not a complete change.

    But in the end you did have a right to move, and could have moved.
    You did agree to the terms.

    Okay - Yes we could have moved.

    Just as a person in the desert about to die from lack of water could refuse a
    Person who came along and offered water but only if the person who'd been lost in the desert agreed to sign a contract stating from then on they would agree to buy all their water DAILY from the water-holder for $ 6 an ounce.

    No they did not hold a gun to my head, but at that point in time I would rather HAVE BEEN SHOT than had to pack up and move.

    I was a basket case. A total basket case. My husband was blind. (He was not born blind but had to suddenly cope with being blind, without any of the skills a long term blind person would have.) There must be someone in the now long histroy of the ADA that had a similar thing happen, and maybe the law has been diecided in the handicapped person's favor.

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