 ADA (by David Overcash [NC]) Aug 5, 2014 5:49 AM
 ADA (by Echo [GA]) Aug 5, 2014 7:00 AM
ADA (by pattyk [MO]) Aug 5, 2014 10:04 AM
ADA (by Barb [MO]) Aug 5, 2014 11:35 AM
ADA (by Bret [NC]) Aug 5, 2014 12:48 PM
ADA (by John... [MI]) Aug 5, 2014 3:42 PM
ADA (by BRAD 20,000 [IN]) Aug 5, 2014 11:21 PM
ADA (by David Overcash [NC]) Posted on: Aug 5, 2014 5:49 AM
Message:
State Specific Question About: NORTH CAROLINA (NC)
I have tenants that are handicapped, mentally challenged, and terminally ill. Three different properties. When the lease ends do they have special rights to stay in the property. I just have a standard lease with 2 of them and 1 was moved in by family but not on the lease. --71.68.xxx.xxx |
ADA (by Echo [GA]) Posted on: Aug 5, 2014 7:00 AM
Message:
No , if the lease ends, they have no special rights to stay.But you may get a judge that will bend the law and make it harder to get them out for a time. But I hope you let the terminally ill stay if they are close to their time. --98.94.xx.xxx |
ADA (by pattyk [MO]) Posted on: Aug 5, 2014 10:04 AM
Message:
do you want them to stay? --173.113.xxx.xx |
ADA (by Barb [MO]) Posted on: Aug 5, 2014 11:35 AM
Message:
No special rights under the ADA, but people often think they do. I had a former colleague tell me it was against the law to evict a pregnant woman. Of course, the pregnant woman was her daughter, and the colleague's hubby worked for the sheriff's department. My response was that being pregnant didn't excuse her from paying her bills, and if she wanted to help her daughter out, she would explain that to her. It didn't win me friends, but I didn't like her anyway.
The local judge doesn't like to evict pregnant women, but it is certainly legal to do so.
If it comes down to it, do you know your local judge? --216.229.xx.xxx |
ADA (by Bret [NC]) Posted on: Aug 5, 2014 12:48 PM
Message:
To me the law is the law but that's where the problem is. Judges don't follow the law all the time. As far as terminally ill, no one knows when the person will pass on. If they are not on the lease can they be considered squaters? --71.68.xxx.xxx |
ADA (by John... [MI]) Posted on: Aug 5, 2014 3:42 PM
Message:
If they have been knowingly living there, then it doesn't matter if they aren't on the lease -- they won't be considered squatters in most cases. This becomes obviously true if you ever accepted any rent from them, of course. But, even if you didn't -- but you accepted rent from someone else while they were in there, they generally won't be considered squatters even if the person on the actual lease moved out, unfortunately.
- John...
--216.111.xxx.xx |
ADA (by BRAD 20,000 [IN]) Posted on: Aug 5, 2014 11:21 PM
Message:
David,
They do not have special rights to stay. If you want to end their lease be extra certain to give proper notice that you will not be renewing their lease. I'd give 60 days.
But...
In real life be ready for a fight. Your reasons will be challenged and weighed against Federal Fair Housing discrimination laws.
Me? These are some of the best long term residents you can find. --67.175.xx.xxx |
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