Q: I'm a single disabled mom w/ 2 disabled kids. My landlord has violated my tenant & ADA rights and is trying to evict us
I consulted with an atty, about my tenant rights being violated, he confirmed they were & instructed me to send a letter. My landlord has never responded. Instead, my family has been harassed and Management who purposely contrived a situation in order to give me an eviction notice is Feb for "violating my lease". Only I didn't. They violated my ADA rights by the situation and the notice. I have had exactly ONE legit complaint & even that is questionable. We have never paid our rent late. Now they are refusing to renew our lease. When the only legit negative thing, in my file, is one complaint; which is explainable. Other tenants here have many late rent payments and many complaints and they all given the opportunity to renew their lease. The owner doesn't want a tenant who will speak up for their rights or who will speak up when maintenance takes upwards of 9 months. Now, he's put me on a month to month. So I'm not protected by a lease and he can evict me in retaliation. Please help me
A: This sort of situation is highly fact-specific and usually intensely fought over in court. Is there a reason you have not gone back to the attorney who is already familiar with your case? Normally a landlord is not required to renew an expiring term lease but you may have arguments if you can prove that it is because of retaliation or violations of the ADA and/or Fair Housing Act. If your dwelling is within the city limits of Portland, you may have additional protections under the City ordinances if he refused to renew your term lease. Depending upon exactly when, you may even be entitled to recover substantial financial penalties and relocation assistance payment. All in all, it is highly recommended that you review everything in detail with a landlord-tenant attorney - either the one already familiar with your case or, if you prefer, a different one. Good luck.
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