This will be discriminatory if you want to evict the disabled person merely for their disability. No law would allow such eviction. However, if you have a fair reason to evict a disabled person, you might get into a lawsuit and have legal eviction proceedings.
The length of the eviction process can vary greatly depending on state and municipal legislation and the particular parameters of the eviction. In some situations, the procedure might take 4 to 5 weeks, while in others, it might take several months or more.
Can a Disabled Person Be Evicted For Not Paying Rent?
A landlord can evict a tenant who has a disability for failure to pay rent as long as the procedure is legal. Tenants must still fulfill their lease agreement, including paying rent, even if they are incapable. Nevertheless, under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), landlords must provide reasonable accommodations in rentals for people with disabilities.
Disabled tenants can speak with a lawyer or get support from a local fair housing organization if they think they are the target of discrimination because of a disability.
- The landlord might be breaking federal law if the basis for the eviction is the tenant’s handicap or requirement for a reasonable accommodation.
- If you’re a disabled tenant, you can consult a disability lawyer to learn more about your options and rights.
- The eviction procedure specified in the lease, as well as by municipal and state legislation, must be followed by the landlord. Usually, this procedure is giving the tenant notice of the infraction, allowing them to fix it, and then applying for eviction in court if the violation is not corrected.
A tenant’s disability cannot be the only reason for their eviction by a landlord. However, if the landlord follows the proper legal eviction procedure, a disabled person may be evicted for reasons unrelated to their disability, such as failure to pay rent or breach of lease terms.
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What is the Procedure of Eviction for Disabled Persons?
There is a procedure for evicting a disabled person; you can follow a particular stage. However, you must hire a lawyer and cannot avoid the court and legal documentation. The grounds of the eviction must be obeyed and considered before you step up for the eviction, considering the Fair Housing Act (FHA).
- Notice: The landlord must give the disabled tenant notice to either resolve or remedy the problem (such as unpaid rent) or leave the property. The notice period might be changed depending on the lease conditions and local legislation.
- Court filing: If a disabled tenant disregards the notice, the landlord may sue to evict that disabled person. The local court system will determine how long it takes to get a court date.
- Court Hearing: During the hearing, the disabled tenant and landlord must present the evidence, and the court will decide based on that evidence.
- Eviction: If the judge rules in the landlord’s favor, the disabled person will have a certain period to leave the property. The landlord might then ask the police to help remove the person from the house if that person refuses to participate in the eviction procedure.
Since local laws and procedures differ, it is advised that landlords and disabled persons both must get legal advice or review local and state legislation to fully comprehend the particular requirements and deadlines for the procedure of eviction that apply to them.
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Grounds of Eviction for Disabled Person
People with disabilities are protected by the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), so landlords cannot discriminate against them. To evict a disabled person, you must provide valid legal grounds without going against the law, and they must not be related to the disabilities of the person who is to be evicted.
Here are some general grounds on which you can evict the disabled person since they apply to the ordinary person as well. However, you must remember to hire a lawyer or attorney to manage your lawsuit and related procedures.
- Nonpayment of Rent
- Violation of Lease Terms
- End of Lease Term
- Threats or Harm to Others
Apart from the suggested grounds, below are listed some unique grounds on which you can evict a disabled person, considering you’re at no fault of your own and have reliable evidence to prove the allegations in a court of law against the disabled person.
- Eviction of the disabled person is possible if his or her behavior is found to be associated with some health risk or safety concerns.
- Illegal Subletting
- Subletting is simply a violation of the lease agreement between the landlord and the disabled tenant; upon subletting, the landlord might evict the person through legal court procedures.
- Unauthorized Pets or Changes to Property
- If the disabled tenant makes changes or modification to the landlord’s property without his permission or bring unauthorized pets to the house, then the landlord can also evict the disabled person.
- Disturbing Other Tenants
- This can be an intentional disturbance brought by the disabled tenants to the other neighborhood tenants, which can become a ground for eviction.
- Running a Business
- If the disabled person runs a business out of the landlord’s property against the lease agreement and local zoning laws and is even found to be involved in suspicious illegal activities that may pose a human threat, the person can be evicted.
The suggested lists can become the grounds for the eviction of the disabled person. However, you must remember that they are not in any way related to their disabilities and must be bound by the laws, as nothing is more significant than laws in the state. You can also search about disabled tenant rights California, along with how can a disabled person be evicted from their home.
There are special laws created to support disabled people, but that does not mean they can misuse their disability and exploit the living being of others. You must remember that you don’t get troubled under the grounds of a discrimination claim under the ADA or FHA.
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Disabled Person Denies to Get Evicted?: Post-Eviction Notice
After receiving the eviction notice, if your tenant who is disabled refuses to vacate the agreed house or premises, then the landlord must know the legal eviction process, which generally includes the following steps post-eviction notice. To understand how can a disabled person be evicted for not paying rent, proceed reading.
- File an Eviction Lawsuit
- In the authorized law court governed and administered under the state, the landlord should file the eviction case to evict a disabled person.
- Serve the Disabled Tenant with Court Papers
- The disabled tenant must have been allowed to respond to the eviction notice of the lawsuit given by the landlord with the court’s help.
- Attend a Court Hearing
- At this hearing stage, a judge will hear arguments from and rule on the landlord and the disabled tenant. Both the landlord and disabled renter will be present in the courtroom.
- Obtain a Court Order
- The judge will provide an order allowing the landlord to reclaim the property if they find it in the landlord’s favor.
- Enforce the Eviction
- If the tenant refuses to depart, the landlord may seek help from law enforcement or police to enforce the eviction.
While digging into the grounds of the eviction of the disabled person, you also must understand the root causes of many successful evictions of people with disabilities. It might help you clear your doubts about the procedural stages of eviction.
It is essential to consider that eviction laws are not the same for both disabled and average persons, and disabled tenants might have an extra edge to sustain their lease agreement.
However, upon firm ground, the court will decide the severity and future threats associated with the tenants and then might declare the verdict, which may favor the landlord or the disabled person, depending on a case-to-case basis.
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This article discusses the comprehensive coverage of how can a disabled person be evicted for not paying rent and learning other grounds on which can a disabled person be evicted or not; we have also highlighted the post-eviction notice stages and what to do if the disabled tenant denies to vacate the room or premises given by the landlord.
Here, you can get the frequently asked questions about how long does it take to evict a disabled person. Find your quick answers to your questions.
Can you evict a disabled person in Texas?
In evictions, even if a tenant without a disability could be evicted, a landlord cannot necessarily evict a tenant with a disability because of behavior related to the tenant’s disability.
Can you evict a disabled person in Massachusetts?
Tenants with disabilities should have the exact expectations about health and safety, quiet enjoyment, and eviction as tenants without disabilities. An applicant/resident/tenant with a disability does not have more or less rights under tenant-landlord laws because of their disability.
Can a tenant refuse to pay rent if repairs are needed in California?
As the landlord, you are legally obligated to fix severe problems within a rental unit. Failure to do so and your tenant has the legal right to withhold part or all of the monthly rent.
What are the rights of a disabled tenant in NY?
You have the right not to be discriminated against by your landlord, real estate broker, or managing agent based on your physical or psychiatric disability. A landlord may not refuse to rent you an apartment, treat you differently during the term of your lease, or evict you because of your disability.
How does the Ellis Act work?
The “Ellis Act” (Ellis Act Government Code Section 7060-7060.7) is a state law that provides that landlords have the unconditional right to evict tenants to “go out of business.
Can a landlord evict you immediately in Florida?
Tenants cannot be legally ordered to vacate their residential units unless they have been properly notified of the beginning of the eviction process.
Is there a no fault eviction in CT?
For over forty years, Connecticut has prohibited no-fault evictions against renters at least 62 years old or who have a disability and live in a building with five or more units, preventing their arbitrary displacement from their homes.