Can a land lord do this or is it illegal.

Snapdragon · Mar 21, 2017

In Australia I think you can get a doctor's letter to exempt you from certain rental laws due to mental (or physical) illness.

By law you can get evicted for noise complaints here, but that rarely happens since noise is just something people often have to deal with when renting. Everyone has needs and sometimes that means being noisy. My neighbor has a lot of kids who play and scream, another has a motorbike, and some work early so can be heard bumping around at crazy hours in the morning. It's just life really, people can't always help it.

I used to have elderly neighbors once though at a block of flats I was in, so I understand a bit of your frustration. I could never understand why they didn't just rent out a house if they had such a huge problem getting along with other people. It wasn't like they couldn't afford to. Sometimes they'd get angry over such tedious things, like the bins not being brought in on time, or because someone's lawn was a bit overgrown. I got in trouble once too because my clothes drier was "too loud" but I had work so I needed dry clothes. So frustrating.

I hope you can work something out with your landlord. If your from Australia you may be able to call Fair Trading who can let you know what rights you have and what you can do. Otherwise maybe there's someone who deals with rental disagreements where you are that you can call.

Good luck though, and I'm sorry you're dealing with all the extra stress. Having a mental illness is tough already, let alone dealing with other people's ableism.

Snapdragon · Mar 21, 2017

Still, even in senior housing noise can be expected. But yeah lol.
Yeah if it's a physical illness that can be seen it sometimes gets taken more seriously compared to things you can't see like mental illness. Not always, but it happens. It can be very frustrating.
Being your friend you'd hope she would give them a good word on your behalf, especially knowing what you are going through.
You landlady seems very invasive of your privacy, and it's rather ridiculous to complain over someone coughing. They wouldn't like me then, I get anxious at night sometimes and start cooking or cleaning to help calm my nerves. If they can't handle coughing, they probably couldn't handle someone cooking and cleaning late at night lol.
I yell at my computer sometimes too, the useless thing never works! It's always slow and frustrating, I probably need a new one but they are very expensive. And I'm sure elderly people have heard swearing before, my grandma swears sometimes.

Alex · Mar 22, 2017

If it's excessive and people have a reasonable right to complain (for example if it's at 1 a.m.) then it would be considered a breach of the peace. Of course one is entitled to yell for help or if they are in pain, but these are one off incidents. People who are noisy without just cause could be evicted, or if it is due to mental health issues that's when a hospital is called and they are taken in for assessment.

Basically a landlord can give you notice if your contract is up and not renew the tenancy as well, so think about that too. If they prefer not to evict you, they may not renew your lease instead.

Concernedgal · Mar 22, 2017

It all depends. Here is a little information that I found. Hope it helps.

Concernedgal · Mar 23, 2017

As an ill person like iam i'm sure there's a clause in the law that requires considerationfor you the same law that allows consideration for so.eine with a physical illness. Unless specified in your rent agreement. .. I don't think you can be kicked out. You pay your rent every month . You should be able to stay. It's like your said . You don't listen to loud music,your not keeping people up at night and your not having wild crazy parties. What about yelling is so disruptive? What about yelling is so inconsiderate? How are you altering anyone's life or disrupting there quality of life? It doesn't sound like you are . Also , " I think now , i'm not that sure but," I would think that there would have to be a petition against you for you to be kicked out. Now keep in mind this is only if your renters agreement didn't specify that yelling would be a disruptive act that could allow eviction.

janemariesayed · Mar 23, 2017

Has your landlady given you a rent book? With a rent book, you can keep an eye on how much you have paid and if you are ahead or behind with your rent. If you haven't got one, even a little pad will do to keep a record of it.

Honestly, don't worry about your yelling. It doesn't seem to be every day and I don't think it is really noise pollution. Your landlady would have to give you a written notice of eviction which I doubt that she will do. She just seems to be a busybody. You are allowed to put a lock on your door as well. When you are inside put the lock across and she won't be able to come in unless you have actually opened the door to her. You have that basic human right to your privacy. Perhaps ask your son to sort that out for you when you next see him. Every tenant has the right to change the locks on his or her main entrance to his abode. So she cannot complain.

You aren't playing your music too loud and neither are you using loud machinery at sleep time, so relax, you are okay and maybe worrying too much.

Concernedgal · Mar 23, 2017

XmasCarol52 said:
I never saw anything on the lease that said no yelling she hasnt cashed my last two checks however she told me i have a credit of 200 dollars i dont know how she figures that out however she has done that before.In any case my son put me here and if she tires anything he will have to deal with it,I mean kicking someone out because of an illness is nonsense.I did some research and first of all she is not following the rules no according to what i read is that a land lord is not allowed to come inside your apartment unless there is an emergency meaning if something doesn twork but she comes in here all the time,she is just a nosy trouble maker she whole family practically lives here,oh believe me the whole family has to know everyones business i net her aunt gets away with some stull i cannot say for sure,but ge tthis one she threaten eviction to my neighbor because her cat was outside so what her cat an't bothering anyone it is a good cat,anyway a couple of years later and she is still here,but my friend told me they said i better watch out to me that sounds like a threat,also the people that know em around here woulldnt sign a petiton cause they know me and i have been nothing more then nice to these people i am sure it is her family and maybe a cojuple of others.People around here need to mind there own business,hey i get pkg ok so when i put the boxes outside for the guy to pick up sp happens one lousy time my box or two lands in someones yard they had to call and complain they had to pick up my boxes and throw them away.so just shut up pick them up and leave it at thst but no they had to report me she says we cannot have that well i told her i cannot control the wind if it was me and i had someone box land in my yard i ould just wait until someone came to pick it up no need to go and complain about it.Excuse my english but around here u can't even fart without someone knowing about it.

It sounds to me like they are just trying to get you to move. They are doing stupid inconsiderate things to keep you pissed off. Maybe a family member has there eye on that apartment. That's why more than ever you are going to have stand strong and I would stop answering my door if I were you. You have your right to privacy. Tell your land lord that if she comes back in your place without permission again... you will call the police from unlawful entry and traspassing . Have it on record with the police department that she is a nuisance that way if she kicks you out without a good reason.. you can take her to court over it and you will probably win if she's on record for being a bad landlord.

janemariesayed · Mar 24, 2017

@Concernedgal has the right remedy there @XmasCarol52 that maybe you should just keep your head down for a while and not answer your door. Ask your son to put a new lock on your main door which is your right and will give you the privacy you deserve. A good idea to report it to the police as well, and keep the report number too so you can refer to it if you need to.

What message you put on your telephone answering machine is also nobodies business except yours. She honestly sounds like a busy body. Try to ignore her as best as you can. I know that is difficult but she has no reason to throw you out. I used to own a property in America, in Rochester and I had tenants who were on welfare. Thankfully they were really good tenants and they always paid their rent on time and I never had any problems with those ones although I did have a problem with the tenants prior to them. I'm renting here in the UK now and my landlord is wonderful. He gets his rent on time and leaves me alone. If I ever have a problem in the house, I can contact him whenever I need to either by email or phone. Your landlady is way out of line the way she treats you but there are remedies that can make your life there a bit more bearable.

janemariesayed · Mar 24, 2017

You really need to stay away from this woman as much as possible. She sounds like a bully to me and those kind of people are best left to themselves. Get a diary and write down in it every altercation that you have with her. Keep the diary just for that purpose. Also, get yourself a rent book so you can keep a record of your payments. I don't think I would trust this woman very much so I think that is a good idea. You are ahead with your rent so you shouldn't have any reason to worry about being thrown out. Why not find somewhere else to live anyway? It seems that this woman just likes to cause friction. It isn't her business to check up on your health, physical or mental. Next time she walks in, you could say to her that her rudeness is causing you to be anxious. This has to be against the law. Have you thought about changing the locks?

Concernedgal · Mar 24, 2017

janemariesayed said:
You really need to stay away from this woman as much as possible. She sounds like a bully to me and those kind of people are best left to themselves. Get a diary and write down in it every altercation that you have with her. Keep the diary just for that purpose. Also, get yourself a rent book so you can keep a record of your payments. I don't think I would trust this woman very much so I think that is a good idea. You are ahead with your rent so you shouldn't have any reason to worry about being thrown out. Why not find somewhere else to live anyway? It seems that this woman just likes to cause friction. It isn't her business to check up on your health, physical or mental. Next time she walks in, you could say to her that her rudeness is causing you to be anxious. This has to be against the law. Have you thought about changing the locks?

So agree with you. Misery needs company type of situation . Such a good idea to change your the locKS too. And something else too... I always thought there needed to be a court order for someone to come in and " check on things" . Other wise .. it's like we mentioned before. It is un lawful enrty.

janemariesayed · Mar 25, 2017

Concernedgal said:
So agree with you. Misery needs company type of situation . Such a good idea to change your the locKS too. And something else too... I always thought there needed to be a court order for someone to come in and " check on things" . Other wise .. it's like we mentioned before. It is un lawful enrty.

They may not need a court order to enter your property, but I would think that they would have to give you some kind of notice. Either written or verbal. It must be illegal for them to just walk in at any time. I'm not sure of the law in the USA but it may be an idea to have a chat with a citizens advice bureau or equivalent to find out your rights and what you can do about it.

Getting a note from your doctor is a good idea. It just needs a small note. Or failing that show them your sick note!

Can a land lord do this or is it illegal.

Well-Known Member

New Member

Well-Known Member

New Member

Well-Known Member

Senior Member

Well-Known Member

Well-Known Member

Well-Known Member

Well-Known Member

Well-Known Member

Moderator

Well-Known Member

Well-Known Member

Moderator

Well-Known Member

Moderator

Well-Known Member

Well-Known Member

Moderator