QUESTION

Can my nonprofit company make me move out for not signing housing agreement.

Asked on Feb 11th, 2019 on Americans with Disabilities Act - California
More details to this question:
I am an employee of a non profit housing organization. I am require to live on site as part of my job. I am required to sign a housing agreement. The last four years I have emailed HR asking for clarification, with no results so I never signed the agreement. I received an email today from HR today saying if I did not sign the agreement by 2-13-2019 I had to move out and lose my job. In 2015 I got sick with cacer. The company is well aware of my situation. Do to complication from my cancer. Surgery is being recommend once again. The company was told of my up coming surgery about a month ago.
Report Abuse

1 ANSWER

Personal Injury Attorney serving Santa Rosa, CA at Young Law Office
Update Your Profile
Although you listed the topic of your inquiry as an ADA issue, I am doing to respond with some basic landlord-tenant information that seems more applicable based on the facts you provided.  It is usually preferable to have a lease agreement in writing, but just because you never signed the housing agreement does not mean they can just make you move out.  In California, you are still a month-to-month tenant with all the rights provided in the Civil Code.  If you are in certain jurisdictions within the state, the nonprofit may need "just cause" to terminate your right to live there.  Go here for a list of jurisdictions current through September 2017.  If not, the nonprofit would still need to give you 60 days' notice before terminating your tenancy.  (Civil Code 1946.1)  Also, California law requires landlords to go through the unlawful detainer (eviction) process before they can force a tenant out.  California does not permit "constructive eviction" efforts like harassment, shutting off utilities, etc.  I would gather together all the documentation you have that shows you asked for clarification of the housing agreement as well as any documentation about your medical condition.  I would need to know more to evaluate the ADA aspect of your case.
Answered on Feb 12th, 2019 at 4:09 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters