Eviction in Sober Living Facility?
Question by Sandra D: Eviction in Sober living Facility?
I asked this before, but no one answered with any detail, and to be frank, I think some were guesses. I would like a legal explanation from someone as to why this is allowed or not allowed.
Basically, I work with someone who lives at a “sober-living facility.” It is very informal, and is sponsored or organized by some local organization, but it’s not like a halfway or rehab facility. This is a place for women to live and support each other, and encourage each other.
Halfway houses are different LEGALLY. I have found nothing to indicate sober living houses are (from a regular informal renting. I do know the woman signed a contract saying she would not use drugs or alcohol. She has not, and has not broken any rules. She is still trying to do everything right, but people are nitpicking her and only her for weird weird stuff.
Can they legally toss her out the moment they decide too? I know it is illegal for anyone but a special eviction person to throw someone out, but usually you have to go through a court process for that. How long will she have to find a new place, if any time? She is legally a tenant because she pays a monthly fee in exchange for possession/usage of a real property, right? Because explain LEGALITY, and why this would differ from any other tenant situation if it does.
Best answer:
Answer by laughter_every_day
There are no universal laws on any subject. In my state, the evictions rules would by the rules for rooming houses and hotels, not the rules for apartments. The eviction process is very simplified in rooming houses.
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Depends on the laws that they are bound under ( which you have no idea about) and the contract, lease, agreement said or what was verbally told to your friend (which you have no idea about you friend needs to contact the ” sponsored or organized by some local organization” NO ONE including a professional legal adviser will advise without FULL information, nor will they inform you as it is your friend who needs to know……
“She is legally a tenant because she pays a monthly fee in exchange for possession/usage of a real property, right? ” WRONG, it depends on where, what rules/laws are with regards to living there and what type of facility is it classed as.sounds like a hostel and that means asked to leave and you go instantly
You can’t expect someone to answer in detail when you give us only the most broad information available.
We don’t know what exactly they’re trying to toss her out for, or what terms she’s accepted in her rental agreement.
In fact, we don’t know if she actually signed a RENTAL agreement, or if she just signed an intake form. I’m guessing she did not sign a legal rental agreement, but the intake form, which is not something that protects you like a rental agreement does.
If that’s the case, then she does not have the same protection against eviction and can be asked to leave whenever they want, even if she’s paid rent. She would have to be reimbursed for unpaid rent (again depending on the terms of her intake form), but they would not have to evict her through court.
So again, we need many more details.
Even a tenant in any normal housing can be evicted, if they break a signed agreement. So, being a “tenant” is not a protection.
This is, of course, my opinion, which is the only thing you get here at yahoo. You perhaps failed to read yahoo’s disclaimer relating to content of answers. It is not staffed by attorneys.
If you feel that you need a VALID LEGAL ANSWER, then you need to see a lawyer in your state for explicit laws and details, or his perspective on this.
Institutions/agencies/housing facilities such as you described are not intended to be long-term housing like a nursing home. Most places like that have a stipulated amount of time in the facility with specific goals for the residents.
The first problem is that each state has different laws and we have no idea what laws might apply to your hypothetical situation. The second problem is that even though some of us are attorneys, we’re not YOUR attorney and we do not give legal advice here, as stated in the contract you signed when you became a member.
That being said:
The test for “legally a tenant” does not always require “payment” of any kind. Simply being a “resident” is sufficient, in many states, to trigger “tenant” protections under the laws. For instance, if your children turn 18 can you throw their stuff into the street and change the locks? No, that would be an “unlawful eviction”. State laws vary.
There are several classifications of rentals. As an example, the laws for renting a hotel room are very different then the laws for renting an apartment.
Now, let’s say that 4 people get together and rent a house. That falls under the rules of rental property and roommates. It might be that those 4 people are recovery addicts. They might even agree to a “no drugs” policy. They could even get together once in awhile and talk about their addictions. But it’s still a rental property.
However, if there’s a sponsoring organization, then it becomes a treatment facility and falls under a whole different set of laws. Yes, the people who stay there might pay “rent”, just like you would pay if you went to a hospital. But staying at the hospital and paying to stay at the hospital doesn’t mean that it falls under any of the rule of renting a property.
I would bet that this is classified as a treatment facility. Now there are different types of treatment facilities. Not all treatment facilities have doctors. But they all have to be licensed. I would bet that this place has a license that makes it a treatment facility.
If it’s just a group of people who got together and agreed to rent a place, then yea, they have to go through the eviction process. If they have a license to be a treatment facility, then there are also rules for what they can do.
You say that it’s not a half way house. Legally speaking that has no meaning. The standard that a judge would use is whether they have a license to be a treatment facility. And I bet they do.
Here’s the other problem. When you say, “Is it legal”, what you mean is, “When I’m standing in front of a judge”. What would happen is this. They kick her out. So goes to court and files a complaint. Three months later a judge will hear the complaint.
If she gets kicked out, she’ll either have to wait for a court hearing, or she’ll file a police report. I don’t think the police are going to tell the facility that they have to accept her living there.
So any way you cut this, she’s going to be out on the street.
And since she’s living in a half way house, she probably doesn’t have the resources to hire a lawyer and fight it in court.
If you want a solid, detailed “legal explanation,” you need to contact a local attorney who knows your local laws and this particular facility, and who can review the related information more in-depth. There’s no universal detailed answer that can be provided with the information here, and you should not be posting the depth of detailed information you’d need to (like the name of the facility, the details of the person living there, etc.).
These kinds of places do have contracts when people move in. Especially if she flagrantly breaks some rule, yes, they can likely have her immediately removed. Yes, she can likely try to fight it in court if she wants to, but it’s very likely to be after removal that she’s seeking damages. These sober living facilities are often intended to be temporary from day one. Yes, the people running them can sometimes get on power trips. Yes, they often don’t function quite like normal residences with eviction notices, etc.
If you want a good answer about LEGALITY, you must contact a local attorney or legal service to discuss the matter more in-depth. There are high odds they’re familiar with this particular facility, and the local laws that may or may not apply. You are not going to get any definitive answer here for your particular situation, nor should you persist in trying to get more of one. We continue to have real world local attorneys for a reason.
No, she isn’t a tenant. Legally this is a facility, where care is provided, the same as a drug rehab, mental health facility, senior health care, etc.
She does not have to be formally evicted, as soon as she is no longer acceptable as a patient it is a done deal, she has to leave.