Can You Evict Someone Who Is Disabled

Eviction process for disabled tenants

If a landlord tries to evict a tenant due to their mental or physical illness or disability, the tenant may be able to challenge the eviction in court.

The tenant should seek legal advice from a qualified attorney to understand their rights and options.

In some cases, the landlord may have grounds for eviction that are not related to the disability (such as non-payment of rent or violation of lease terms), and the tenant with mental impairment may still be evicted.

Under the disabilities act, tenants have protection from being evicted just because of their disability.

This law stops landlords from saying no to renting to someone with a disability or charging them more money than they pay rent to people without a disability.

Landlords must also make changes in the rental property if it helps a tenant with a mental disability to stay in their home or stop an eviction. If a landlord tries to evict someone with a disability, they can try and fight it in court.

A lawyer can help them understand their rights and options, but sometimes the landlord has reasons that are not related to the tenant’s disability that can still lead to an eviction.

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Eviction defenses specific to disabled tenants

Disabled tenants are protected from discrimination and eviction under the Housing Act. This means that landlords cannot deny a disabled tenant rental housing or charge them more rent or deposits than those without disabilities. If a landlord tries to evict someone with a disability, they have the right to defend themselves in court. The landlord must also make reasonable accommodations for tenants with disabilities unless it would be an undue burden. To prevent eviction, disabled tenants should pay their rent on time and obey all rules in their rental agreement.

Reasonable accommodations for disabled tenants

The Housing Act requires landlords to make reasonable accommodations for tenants with disabilities, such as allowing an assistance animal or providing wheelchair ramps. or those who need help with mobility, products like the Move Lite Power Chair can greatly enhance their ability to navigate their living spaces comfortably.

It is important to note that the landlord is only required to make changes if it does not cause an undue burden, for example, which means it would be too expensive or fundamentally alter the nature of service for their business.

The disabled tenant should discuss any reasonable accommodations they need with their landlord and provide supporting documentation, such as a doctor’s note or disability certification.

If the landlord refuses to make reasonable accommodations, the tenant can file a complaint with HUD or their local fair housing agency.

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