Story of Justice: Mike* Gets an Eviction Notice

Story of Justice: Mike* Gets an Eviction Notice

Background

Mike*, a disabled senior citizen, had never been late with his rent at the apartment complex he lived at for twelve years. One day Mike got a call from his landlord letting him know that he had decided to move back into the unit Mike was occupying. As a result, Mike had to move into a different apartment in the same complex. Unfortunately, the new landlord failed to have him fill out the new tenant application with the condo. When the association found out that Mike had moved into the new unit, they asked him to fill out the application, including proof of financial ability. As a result of immobility caused by a stroke, Mike lost significant income and did not meet the financial requirements for the condo association. The association advised Mike that he would have to move out or they would take legal action. Soon after, Mike’s landlord filed an eviction action against him. Mike repeatedly tried to work out an arrangement with the association to no avail.

Legal Assistance

Mike reached out to Coast to Coast Legal Aid of South Florida (CCLA) for legal assistance. CCLA contacted counsel for the association; it seemed that the association might be sympathetic to the senior’s situation. CCLA provided Mike with assistance, including a Reasonable Accommodation Request with the association. Unfortunately, the association denied his request for Reasonable Accommodation and decided they would not allow him to stay in the property. Furthermore, his new landlord, who he believed to be a friend, kept pursuing an eviction action against him.

Throughout this difficult time for Mike, CCLA attorneys attempted to negotiate with the association and the landlord. Even though a move was extremely difficult in his physical condition, CCLA advised Mike to keep looking for a new place to live. Mike was fortunate to find a new place, and with the help of one of CCLA’s community partners, he received financial assistance with the moving costs. CCLA was able to have the landlord’s attorney file a Notice of Voluntary Dismissal with Prejudice in the eviction case.

Why it Matters

Although the move was physically draining on Mike, he is no longer living with the stress of fighting the association nor the constant threat of eviction by the landlord. He has moved into a new home where he is much more peaceful. Due to the assistance provided by CCLA, Mike was prevented from becoming homeless.