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Indybay Feature

My Friend, Whom I am assisting, is being Evicted In Oakland

by Daniel Coffman (dbcman [at] comcast.net)
A friend of mine who is recovering from AIDS, and is taking a heavy course of medication, just received a 30 day notice from his landlord to terminate his lease (for no stated reason).
I need help.

My friend Paul, who is very sick, has AIDS and is suffering from depression, who is living on his last unemployment check, has now received A 30 day notice for termination of lease. He has only been late on rent once over the last year, I know, because I have been paying his rent for him (ONE DAY). He has been spending all his time at my home for the last several months because I have been caring for him as he tries to get better. I pay his health care cost, I pay his electric, I pay his water, I pay his co-pays, I pay for his medical insurance, I pay for his gas, I pay everything and now his landlord wants to evict him.

He is suffering from AIDS, Mental Illness (depression) and high anxiety. He is unable to work, he is unable to track time, he is unable to concentrate, he is unable to hold weight on his body, he is unable to stay awake for more than an hour.

I need your help. I need someone who will assist me in figuring out what to do about this 30 day notice. I have to work double time to pay for his life and mine. I do not have the resources to pay for a legal team to fight the landlord. I can not even pay to have my truck registration because his needs are so great.

He has Kaiser (which I pay for every month) and he is now under treatment for HIV/AIDS but they will not infringe on his rights until he is a drooling mess, is homeless and is unable to remember his name, before declare him disabled. He has lost his job, he has lost his pride, he has lost his health, he has lost his family support and now he is loosing his home. If I can not find help then he may loose my assistance because I may not be able to take care of my own needs.

This is a story that you heard years ago. My begging for help is a result of most people thinking that AIDS is not happening anymore and that the stories of people suffering from AIDS of the late eighties and the early nineties are long past us. The stories are still there and I am a living example of someone who is trying to keep a friend alive and as a result is loosing everything, as is he. Paul, is a living example of someone who not able to take care of himself but the systems that are in place will are not working for him because he sometimes appears to be fine.

Please help me.

I am not sure what to do next.

Daniel

510-706-1697 cell


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Comments (Hide Comments)
by cp
It's supposed to be very difficult to evict someone who is a terrible tenant who hasn't paid rent for months, much less someone who was one day late as you said. I don't think a judge would accept that. In many cities there are additional penalties for kicking out someone who is disabled or elderly, especially when they are paid up and it is only a matter of less than 5 days deadline. The city government usually isn't happy about it either because then their social workers have a new case to deal with.
I mean seriously, my parents friends in Seattle have a few apartments, and they personally support several people with mental retardation and schizophrenia as a matter of charity, and one of their tenant families was really screwed up and did things like deliberately flooding the apartment after they ran out of money and couldn't pay rent that month - and so they wanted to claim that the apartment wasn't repaired so they didn't need to pay rent. It took them months to evict the family.
What city is this?
If it is SF, Oakland, or Berkeley, there are a number of nonprofit agencies that will give you good tenant advice. More rural areas have fewer protections - however it is a state law that even if someone completely didn't pay rent, landlords can't throw your stuff out on the sidewalk like they sometimes show in movies. They have to go through a process and put possessions in storage, and they have to prove in court that rent wasn't paid. Landlords regularly pay moving expenses of people who they want to get out of their building, or do a move-in eviction on. It could be that the landlord just doesn't like having you around, but doesn't have a leg to stand on in evicting you if you were one day late - so he is relying on your voluntarily moving out.
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