Can a Landlord Legally Evict You for Taking a Medical Leave of Absence?

When health issues or disabilities prevent you from working, you might wonder if your landlord can evict you. The answer might not be straightforward, as it depends on your specific circumstances and local laws. This article explores the rights and responsibilities of both tenants and landlords when a tenant is unable to work due to illness or disability and is taking a medical leave of absence.

Understanding Your Lease Agreement

The first step in any situation is to read your lease agreement. This document outlines the terms and conditions of the tenancy, including your responsibilities and rights. If your landlord is the same company you worked for, it is more likely that they can evict you for non-payment of rent. However, most tenants receive eviction notices due to non-payment of rent.

The Role of Employment

Your job plays a crucial role in this scenario. When you inform your employer about your inability to work due to illness or disability, they are required to notify the landlord. Your employer might inform the landlord when they plan to terminate your employment, giving the landlord a heads-up that you will no longer be earning income to cover rent. It's important to understand that your employer has a legal obligation to provide this information to the landlord.

Legal Consequences for Your Landlord

If your landlord receives a notice that you have exhausted your sick leave and have no vacation time, they can take steps to evict you. It is illegal for a landlord to retaliatory evict a tenant for taking a medical leave. However, if the landlord follows legal procedures, they can still proceed with eviction. It's crucial to be aware of the legal framework in your area to protect your rights.

The Eviction Process

When a landlord wins in eviction court, you will be given a specific number of days to leave the property. Failing to comply within this timeframe can lead to more severe consequences. The landlord may bring a locksmith to replace all locks, and law enforcement will remove you from the property, throwing your belongings to the curb. Any remaining items might be taken by dumpster divers, and the landlord can sue you for any remaining mess. These actions can negatively impact your ability to find a new place, as an eviction record may prevent you from renting in other properties.

Consequences Beyond Eviction

Health issues can also lead to financial difficulties, making it challenging to pay for necessities. For instance, a store could charge you with shoplifting if you resort to stealing to cover essential expenses. However, it's important to note that the landlord has the right to demand rent payments regardless of your circumstances. Therefore, it is advisable to explore public assistance or housing allowances to maintain your tenancy.

Conclusion

The decision to evict a tenant who is taking a medical leave of absence due to illness or disability is complex and depends on various factors, including the terms of your lease and local laws. While a landlord is entitled to rent, it is illegal for them to retaliate by evicting you for taking a medical leave. Understanding your rights and responsibilities is crucial to navigate this situation effectively.