Can a land lord do this or is it illegal.

[XmasCarol52]

I was told by a friend that if I dont stop my yelling they will through me out of my apartment that was last Sept.Even though they know that it is part of my mental illness and I cannot help it goodness I have told them plenty of times I cannot help it..Isn't it against the law to through someone out just because they have a mental illness.They don't like the langauage I am using.Well to bad if they stopped to worry about themselves more instead of what i was doing or other neighbors were doing it would be fine.Can u believe someone actually reported me because I was coughing at 3am what a joke. I am scared now what if they try to throw me out I have no place to go.I cannot live with my mother and I dont want to live with my kids.but I am all upset now.I was also told that telling the head of the senior center he wouldn't do a thing about my complaint,This isn't fair it is discrimination as far as i am concerned.I am really worried they throw someone out just for yelling and I heard today that this one guy if he didnt take his bipolar meds he was looking in peoples window,that is a lot worse then yelling,they even threaten to evict a woman cause her cat went outside i know we are no tsuppose to have pets but she got permission from her doctor,Seniors around here are so noisy.They should be more worried about there own lifes. this whole thing makes me sick..

 

[Snapdragon]

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.

 

[XmasCarol52]

It is hard since I live in senior housing i guess they want quiet here if they want it so quiet then go live in a cematary lol is seems as though a physical illness take preference over a mental illness; one oh sure she says she understand but is clear that she doesnt i did read that they can throw u out for noise if you destroy something i am not destroying any thimg this is an illness and she should know better,and i cannot understand why friend wont stick up for me or just say anything,when it first happened she offered to talk to her boss because he is head of the senior center she never did she just said it is between her and me..I hope she would have least told them that i am not violent or evil person i have told her numerous times i wouldn't hurt anyone but since i had to cook up a bunch of paper work tosee how much more i have to pay for rent maybe that is a good sign I cannot stand my land lady she says she is my friend ya sure when donkeys fly,she could care less,about me or how i feel,I think just because i have a mental illness she is holding that against me but i also have a few physical illness to/I told her i dont go spying at other peoples apartments to see what they are doing and they aren't going to spy on me,sometimes i even afraid to breathe around here.I am stuck i have no place to go she did say close my windows atone point so i guess she is saying if i am going to yellmake sure the windows are they n- have to go and tell her word for word what i say oh u cannot swear around here do not go and tell me these elderly people never heard swearing they need to mind there own business,to report someone just because they cough is just mean to me.what no complaining when i fat lol One time i did ask her oh they never hear me cry though sh just walked away. i dont need this kind of worry,she knows i was mentally ill when i first moved in here she si snto suppose to come inside anybodies apts unless there is an emergency but sh e always does frankly i cannot stand the woman/SHe is nothing but a busy body.She thinks she has a right to asks about my illness around here that is against the law.i did do some research dn she know when i yell I am not yelling at anyone mostly my pc i yell at.

 

[Snapdragon]

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.

 

[XmasCarol52]

My computer drives me crazy like sometimes u have to sit and wait for a page to open up or it takes to long then i got to turn my pc off start all over again wait another five minutes for it to work and what really made me mad is outlook keeps saying someone from my email addy keeps sending out junk mail so u need to sign it which i did then it tell me they need to text me well i dont text u would think they could just call u but no so now i got four outlook accounts i cannot get into yahoo is useless always saying my password is wrong,After having a yelling fit i just decided to look for another email so now I got one,but i had to chance it twice already,outlook is out and they wont even say a word I found that out by doing some research. If they are having outages then they should say so on there home page but no they made fly off the handle for nothing. Oh my name is Carol.It is so very nice to talk to you. Then the other day i spilled my anxiety pills all over the floor well i lost my cool.You would think that nobody around here swear my land lady told me it is not acceptable here to swear good grief can we do anything around here,if they want people who do swear then become a nun for crying out looud or poor babies they cannot take swearing i wonder how many skeletons these people have ion there closets what they need to do is stop sticking there big noses where it doesnt belong and i told my land lady that to she says she is my friend bs she is ,a couple of years ago i was blind because i had two cataracs well i was doing my best to clean around here she threaten to evict me because my place had pills on the floor and a diaper and a bagel on the floor then she has the gull to call my son to see if i was blind,she claims she is my friend.dont treat me like dirt because I am mentally ill.I am sick and tired of being walked all over.

 

[Alex]

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]

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

 

[XmasCarol52]

Well i dont have to worry about music,cause i just watch tv,i can remember when we were in our old apartments I could hear my next door neighbor tv going in the middle of the night which made it hard to sleep she knows i am not violent,but they know about my yelling problem usually they cant hear me unless my window is open and most people i have talked to dont even know i was yelling until they came inside they cannot hear me outside.I am kind of worried though because I have no place to go,

 

[XmasCarol52]

well i dont have to worry about music cause if I am up which is a lot i just turn on my tv,also a couple of years ago when we were living in our old units i could hear someones tv going all night long,it made it hard for me to sleep i just feel like they are not getting my illness and that to me is bs.they know i cannot help it.I cant leave because I have no plac e to go. This is making me more anxious then I care for it to be.

 

[Concernedgal]

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.

 

[XmasCarol52]

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.

 

[janemariesayed]

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]

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.

 

[XmasCarol52]

well guess what i aint going anywhere,she is such a cold hearted person,i think she wants to name this place after her family even my friend next door said they just change it to the land lady last name apartments,my mom talked to her a little while ago and told her off she was whinning that that kind of talk is not acceptable here u know why because i had a leak and it was going right into my bathroom water everywhere and nobody was in a rush to clean it up so my mom told her that if i fall she was going to sue them .She did not like my mother at all and i am sure she doesn't like me either ever since I stood up for myself one time she called me didn't like what i had to say on my answering machine i do a lizzie borden thing in english everyone else laughs but she had to the nerve to tell me what i put on my answering machine isnt appropriate i told her that was none of her gd business then she has the tell me i need to respect her more,i told her i will respect u when u respect me.

 

[janemariesayed]

@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.

 

[XmasCarol52]

about the phone you are right it is nobodies business the funny thing is my mother always says she cannot stand that English woman who picks up the phone and guess who that is me,I wont tell her either .Cause she will yell at me last night she snapped at me again.It is so funny because whenever darlenes boss comes here to check on things guess what she is so quiet and she looks so nervous oh to bad glad someone can make her nervous maybe that sounds mean butit is about time someone put her in her place i have been fighting for two storm doors she told her i n laws that it would costs to me even her inlaws arent happ y with her i can tell u one thing not to many people around here can stand her,i wish they had a petition to get her kicked out,i think she is just holding out on cashing my checks because they are raising our rent.. she has done this before. She is a liar and if she starts something with me i will simply write another letter to report her for not only coming inside myapartment to asks about my physica and mental state a land lord is not suppose to do that also she never gets anything done,Just the thought of her makes me want to puke,I think she feels like she if better then everyone else besides I always pay my rent on time she even made a comment once that i do do goos with my rent that is for sure and i told her the last time i cannot get kicked out because i have no place to go she didnt say a word.

 

[janemariesayed]

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]

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.

 

[XmasCarol52]

They wouldnt let me chance the locks because we cannot do anything to this place,moving I couldnt hancle this right now i went through hell when ihad to move from my old apartment to this one.you know i can remember when i was living in my old unit and i was going to move to my next one,she said to me are you going to behave yourself and not yell at the guys,I got so mad and I told her off,behave myself they think i like to yell,I hate myself whenever i yell,it isnt my fault.why cant people seem to realize that yelling is part of my depression and anxieties and bipolar to,I am hoping i can get my doctor to write a little note just saying i have a mental illness and sometimes yelling is part of it and it cannot be helped now whether she would do it or not remains to be seen God know that other creep a man wouldnt do it actually laughed at me when i asked him... he is gone now,he even laughed at me one time when i asked for a cheaper med, just because he is rich doesnt mean all of his patients are so if she does do the letter if that b tries anything i will show it to her. I heard this one guy who lives here as bipolar well when he wasnt taken him meds he was looking inside peoples windows,ya and he is still here and that to me is a lot worse then yelling,Also I am told this guy yells sometimes to i know i saw him outside once and i could see and hear that he was very irritated.He is still here i cannot believe him he actually likes it here.

 

[janemariesayed]

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!