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How to Evict a Disabled Relative

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  • 11-03-2011, 01:16 AM
    glasswright
    How to Evict a Disabled Relative
    My question involves an eviction in the state of: Florida

    In August, my 65 year old father allowed my disabled and wheelchair bound mother to move from a rehabilitation center into a room in the apartment he rents. The conditions they verbally agreed on were that she would leave by the end of May 2011, and would contribute to housing expenses using some her disability payments. I was a witness to this agreement. Since then, she has been nothing but abusive towards my father, keeping him up all night with arguments and yelling to the point that my father has questioned her sanity and state of mind, overdosing on her pain medication, and forcing my father to take on the role of a nurse, caretaker, and driver. He has a history of high blood pressure and stroke, and so can no longer handle the stress of taking care of her. Since August, she has given my father only $200, while he has spent much more than that on a wheelchair ramp and other accommodations. he attempted to stop her out-of-control behavior by writing a contract of sorts that he felt they could both agree upon. He asked for my help in writing this document, as I have some higher education and experience with writing. she did not even attempt to go over the document, and instead sent it to a lawyer, who reworded it to the point that she would stay indefinitely and would pay only $150 per month for both rent and my father's care services. Neither of them have signed this document.
    during a recent argument about this contract, my father began feeling chest pains and left to my sister's house . I called my mother to try to calm her down, and during the conversation she fell and broke her leg. upon my father's return, he called emergency services and had her transported to a hospital. She has now accused my father of pushing her to the ground. Both myself over the phone, and the next door neighbors could hear her yelling for help long before he had even arrived back at the complex.

    Now, after all that, she is currently in the hospital. is there anyway my father can start some kind of eviction process now or get her put into some kind of care facility? he could not take care of her before, and certainly can't now that she has a broken leg. she is not on the lease, and the official landlord does not know about her. I know about the 7 day notice for not paying rent, but I have read that evictions can take place when the tenant "exhibits a lack of consideration for the rights and privacy of others." is there any kind of considerations in the eviction process for disabled tenants, considering she would most certainly be out on the street if we were successful with a normal eviction. we cannot afford any kind of legal services, and any advice or help on what to do next would be appreciated.
  • 11-03-2011, 01:46 AM
    Dogmatique
    Re: Evict Disabled Relative
    She is a legal tenant. Your father will have to evict her per the laws in his state.
  • 11-03-2011, 08:15 AM
    glasswright
    Re: Evict Disabled Relative
    Wow, and the award for the most unhelpful comment goes to...

    obviously we have to follow the laws for eviction, but are those laws different for the disabled? They get accommodations in most every other aspect of life, it's not to far a stretch to think they might get some in evictions. would this count as exhibiting "a lack of consideration for the rights and privacy of others?" I asked for help because everywhere I can find online that lists florida eviction law shows it very vaguely, and I can't find anything about evicting the disabled.
    It wold really suck if my father were able to follow eviction laws and eventually put her out onto the street, only to be put in jail for some kind of disabled abuse because of it.
  • 11-03-2011, 08:44 AM
    Mr. Knowitall
    Re: Evict Disabled Relative
    The potential difference comes from their being in a marital relationship, not from her disability. Spouses have a duty to support each other during their marriage. Perhaps dad should instead be thinking about legal separation or divorce.
  • 11-03-2011, 08:51 AM
    glasswright
    Re: How to Evict a Disabled Relative
    oh no, he is not married to her, and was never married to her. his only connection to her is through me, their daughter, but I am over 18 now, and he had custody from when I was 14 due to her drug and alcohol abuse.
  • 11-03-2011, 01:25 PM
    Dogmatique
    Re: How to Evict a Disabled Relative
    Your father is welcome to pay for legal advice.

    Perhaps you should let him deal with his legal matter.
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