Legal Question in Real Estate Law in California

Medical disability and Eviction

Is it legal for a landlord to evict a tenant for paying the rent late, when that tenant is in the hospital with a life threatning illness such as a bone marrow transplant, and is waiting for disability benefits??


Asked on 5/20/02, 10:15 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Medical disability and Eviction

Hardship is rarely a defense in eviction and unlawful detainer cases. It may be a basis for opposing a forfeiture declared by the landlord in the notice or other papers served on you. Have someone contact a tenants' rights group to look at the details of your situation and see if they can assist you.

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Answered on 5/20/02, 11:07 pm
Larry Rothman Larry Rothman & Associates

Re: Medical disability and Eviction

While you may have a moral question, it is legally allowable. Just as your bank will foreclose against you for not paying the mortgage, you have a right to evict. If you want free consultation, please contact me at 714 363 0220. If you want me to handle the eviction, I can quote you my charges.

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Answered on 5/21/02, 9:26 am


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