I have been taking care of my mom for 3 month’s while on hospice. She had copd, congestive heart failure and more. I got behind on rent by $1,500. We went to court for eviction or pay amount owed. We agreed I would have it paid by July1st. I was soon told they didn’t want my money and gave us 2 days to be out.The treatment was inhumane and my mother is dying as I am typing. I firmly believe all of the drama and hate words this maintenance said to her is what pushed her straight to death. The maintenance man verbally said I don’t care if she dies.
It would have been nice, if he had been more sensitive about your mom’s health. Even so, it’s his legal right to evict tenants who don’t pay their rent on time.
I don’t know if you have a chance to win a lawsuit. You can speak with a lawyer but the fact remains that you were late paying the rent.
What exactly are your reasons for suing? He didn’t cause your mom’s death. Her poor health is the reason for her death.
He is a landlord and his property is his bread and butter. It isn’t his fault that your mom was sick. He needs his money, just as we all need money to survive in this world.
Your mother would be dying whether she was in the apartment, a hospital, or a penthouse suite. COPD and CHF are not particularly picky about a person’s living situation.
A frivolous lawsuit won’t bring her back and likely won’t afford you any measure of peace.
You MAY be able to sue for a premature eviction… but even that is iffy. There should have been an agent of the court serving the eviction, not the maintenence man, so that is kind of weird. Those laws differ from state to state.
You’d also need to pay quite a bit for a lawyer, and if Mom was evicted I’m not sure hiring one would be a wise financial decision.
To have a legitimate suit, a tort, or wrong must have been committed.
Your mom was on hospice, therefore already dying.
The eviction did not CAUSE her death.
The courts are not about morality.
Personally, I kind of hate lawyers (and I can say that because my son is one and he can really be a jerk).
If it brings you peace..go ahead.
Be prepared for it to drag on for a long time. They count on that.
I am sorry for your loss and the circumstances surrounding it.
You might want to check state laws to find out if this was proper legal eviction process. But even if it wasn't, so what? Who would want to live in a place where you'll be encountering these rude people?
I'm very sorry for the loss of your mother, but seeking vengeance will not bring you peace. Move on.
I send my condolences to you.
I would contact the judge that issued the order, they get quite testy when their orders are violated.
Most importantly, what is in your lease about non payment and evictions? What is your state law about it? For instance, if you are in California, they would have to do an eviction process.