Being Evicted from a Sober Living Residence
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Mr. Knowitall
If the sober living house is properly set up as part of a therapeutic program, they should be able to kick you out. Your bad behavior can be a threat to the sobriety of the other residents.
If not, and they're instead in a standard landlord-tenant arrangement, they would have to evict you. I of course have no way of knowing how this house was set up, or if it's part of a therapeutic program. Talk to a lawyer or legal aid.
My friend has a similar issue going on where he lives in Pasadena, CA.
The sober living home he resides in gave it's residents a 30 day notice to vacate for renovations. They are NOT in violation of any term of their rental agreement, and the LL has refused to accept any rent for July - he just wants them out. LL is there today, threatening to lock out any remaining residents from their rooms if they remain at the premises today. The LL has NOT proceeded with eviction filings nor does he have a court order allowing the lockout. They are claiming that they have some special rights to kick them out without a court order simply because it's a sober living residence.
What constitutes being setup as part of a therapeutic program? The home is not licensed in any way, does not provide any therapy, counseling, social service programs at all. It is simply a rooming house with special rules relating to sober living, and it's residents pay a regular monthly rent to live there.
These remaining residents are scared and the LL is doing what he can to intimidate them instead of using proper legal methods to remove them. These people are at a disadvantage to begin with, and to boot, are unable to get assistance from a lawyer or Legal Aid because it is the weekend (a holiday weekend, no less).
When I spoke with the local police department, they stated that it was a civil matter and they would not get involved at all - not even if the residents are locked out. IF this happens (and given the LL's threats and the residents reluctance to challenge it due to their vulnerability already, it's HIGHLY likely that it will), these people will end up on the streets with nowhere to go. What can they do about this now, today?
NOTE: I have sent this information to the local news station as a human interest story and they are very interested. Not sure if they can help intervene, but they are aware and involved as well.
Re: Being Evicted from a Sober Living Residence
I would suggest that the tenants go to legal aid, ASAP.
Re: Being Evicted from a Sober Living Residence
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Quoting
Mr. Knowitall
That's all well and good, and a suggestion they can follow up on on Tuesday when the holiday weekend is over :( The Legal Aid offices are closed, there is no voicemail where someone can leave a message, nor is there an emergency number or contact where someone can be reached today to assist.
The problem is that these people are in danger of displacement TODAY. The 2 people I'm particularly concerned with are my son's friend and his father, who live in separate rented rooms at the residence, and who are both disabled. The threats affect them more severely because they are already at a significant disadvantage here. IF the LL gets his way, legal or illegal, this leaves them out on the streets with nowhere to go, along with all their personal property.
Do you know of a tenant attorney who might be willing to assist pro bono on this emergency situation in the Pasadena, CA area until Legal Aid can be contacted on Tuesday?
Re: Being Evicted from a Sober Living Residence
Nobody here can help them today. No information we can provide will stop their landlord from doing what he intends to do.
If they want to file an unlawful detainer action, they will have to do that in court on Tuesday. That's true whether they get help from legal aid or find a private lawyer.
If they want to try to find a housing lawyer who is sitting in his office on a Saturday afternoon on a holiday weekend, is answering the phone, and may be willing to take their case for free, I suggest that they break out the phone book and start dialing.
Re: Being Evicted from a Sober Living Residence
If the courts aren't open for business, it won't matter if they have a TEAM of attorneys standing in the parking lot. Tuesday morning is going to be the earliest that even an emergency petition might be heard. Unfortunately, when given a 30 day notice, any request for injunctive relief needs to come WELL before that date, and must be submitted on a day when the courts are operating, which isn't the holiday weekend.
In other words, until Tuesday, they need to be working damage control and planning on finding someplace to go. If nothing else, they can contact adult protective services at 888-202-4248 (for Los Angeles County) and see what resources might be available on an emergency basis.
Re: Being Evicted from a Sober Living Residence
Unless the LL knows something we don't. And I don't think he has some special privilege allowing a lockout, the best thing you can do is record (in a notebook) every action the LL takes as well as what he says. This guy is going to have a class action law suit on his hands.