evic. disabled & caregiver less confussing

[probonobob]

What is the name of your state? Cali.-Okay,my first problem is I type with one finger.I certainly did'nt mean to piss anyone off.This is just pretty over-whelming for me.My legal problems are as follows;My mother has rented and managed a small 5 unit building in a nice area.Originally she dealt with the man at the bank.He was in charge and still is in charge of the trust that the building was placed in after the death of the owner.This was over 12 years ago. My mom moved in [after owners death-she is a hair dresser and did his hair] From the begining I have done many of the repairs and maintenance, even though I did'nt live here in the begining However I did move in when I had to have my hip replaced back in the early 90's. At thistime the man at the trust said he had no problem with me being here. It's a 2 bedroom 1 bath unit. Since my hip surgery, I had moved out, but still worked for the building on all sorts of repairs. For the first few years the man at the trust was writing the labor checks and always sent them to me here. The time came when we were assigned a management company, yet mom was still considered the resident manager. That persisted until just recently when mom received a letter that stated in part and I qoute"It is my opinion after speaking with you that at this time your health is too poor for you to continue as manager" This letter came from the management company, also stating that she could remain on the property only if her son [ME] vacates the property. They state that I was never put on the original lease/paperwork. However,about a year ago they had left a phone message about NOT having any information on me. So that day I faxed them my information and that was all I have heard about that. They have sent me work orders since then for some plumbing and electrical repairs around the building and even payed me. Now áfter that long,boring story----WHAT CONSTITUTES TENANCY? My mom is now handicapped and required me to move in about 3 years ago to assist her with the daily grind, before and after she had foot surgery. That seems to have been a bungled job, but that's different post. Considering all of this and that I am disabled also---do we have any pre-emptive action, or even a fair housing type defense? What should I do? I believe that the hidden agenda is getting mom out so they can adjust the rent to what other 2 bedrooms are going for. I feel that this is also fueled by a fairly new tenant that has her eye on the manager position and has NO problem being disengenuos during countless phone calls to the office for non issues. hopefully this is better than my last post.

 

[Cvillecpm]

If mom is on a lease, the lease rules and your occupancy is as her caregiver.

You need to find a advocacy group for the disabled in your area and learn your rights.

Depending on where you are in CA, you may have rights under some rent control statutes.

 

[JETX]

"do we have any pre-emptive action, or even a fair housing type defense?"
*** Though I certainly sympathize with both your disabilities, they in themselves do not secure you with any specific rights of tenancy. From your post, it appears that your mother was living either rent-free or reduced rent in return for her management role. If her disability prevents that status from continuing, then she would become a 'normal' tenant with the obligation to pay rent and to comply with the other rules of the property. And if that includes not allowing you (not on a lease) to remain, that is the managements right.

"What should I do?"
*** Your post makes no mention of your offering for both of you to be tenants and enter into a signed lease. Have you offered to do that?? If you have and they refused, why??

"I believe that the hidden agenda is getting mom out so they can adjust the rent to what other 2 bedrooms are going for."
*** And I disagree. I would certainly presume that they are simply no longer offering her a 'managers discount'.

"I feel that this is also fueled by a fairly new tenant that has her eye on the manager position and has NO problem being disengenuos during countless phone calls to the office for non issues."
*** And it sounds like your perspective is tainted. You admit that your mother is disabled. In fact your own post says that you moved in to be her 'caretaker'. Clearly a person needing a caretaker cannot manage an apartment complex even a small five unit one. Accept the fact that your mother can no longer meet their requirements and suggest to become a 'normal' lease-holding tenant and pay the 'normal' rent.

 

[HomeGuru]

Writer, there could be rent control or state/county law that protects the disabled.