A WOMAN in Oklahoma has been evicted from her home despite always paying her rent on time.
Elena Rodriguez, 53, thought a legal loophole could save her from her landlord’s so-called “renoviction,” but now she fears she’s out of luck.
The troubles with eviction began for her when her landlord, J. Patrick Finley, bought her apartment building in Oklahoma City in December, according to Oklahoma Watch.
He’s removing everyone from the property so he can tear everything down and make serious renovations, which is well within his rights.
However, the tenant, who suffers from serious health issues, claims that she’s been targeted by the property owner because of her condition.
Rodriguez, 53, accused Finley of asking her about her finances and disability status before preparing to oust her for good.
Before this, Rodriguez had asked Finley to let her install a wheelchair ramp due to her disability, but she says he ignored her request.
If she can prove that she was allegedly discriminated against, she could get the court on her side.
On February 10, Oklahoma County District Judge Trent Pipes sided with Finley and ordered Rodriguez to vacate immediately.
To delay the process, Rodriguez has appealed the decision. She’s risking $1,200, which she’s paid as a bond pending the outcome of the appeal.
Tenants usually have just 72 hours to vacate after a ruling unless they can negotiate more time.
Rodriguez is struggling. In addition to dealing with her ongoing health problems, she’s facing housing instability.
EVICTED WITHOUT A LEASE
She can’t afford movers and doesn’t know where she’ll go next.
The fourplex where she lives, located in an up-and-coming area of Oklahoma City, has been gradually renovated.
Three of the units have been updated with modern appliances and new floors, but Rodriguez’s unit was never renovated.
Finley purchased the building for $487,500 and likely wants to remodel her unit to charge higher rent.
Renoviction is a process where landlords can evict tenants legally by claiming that significant changes will be made to the building, leading to higher rental prices.
How common is eviction in the US?
Millions of households receive an eviction notice each year.
The Eviction Lab at Princeton University estimated that per 100 renting households, about 7.8 evictions were filed each year.
The Eviction Lab tracks filings across 10 states and 36 cities.
In a typical year, landlords file about 3.6 million eviction cases.
Source: The Eviction Lab
“I would have gladly let him in to remodel,” Rodriguez said.
“I would have even agreed to higher rent.”
EVICTION BATTLE
On top of everything, Rodriguez is facing additional challenges due to her medical issues. She is currently undergoing treatment for rheumatoid arthritis and other severe conditions, such as a broken ankle that restricts her movement.
During her hospitalization last summer, neighbors helped her raise funds to cover rent.
A visiting nurse and meal services help with her care, but her current apartment is not wheelchair accessible.
The electric wheelchair she received from her doctor can’t be used due to the wooden steps outside.
Rodriguez faces eviction just as she needs surgery, but she can’t afford to move or secure a new home with her money tied up in the appeal bond.
She’s considering assisted living options, but the idea of giving up her independence is overwhelming.
Finding a new apartment is another hurdle. Previous evictions can make it nearly impossible to secure new housing, as landlords often reject applications from tenants with eviction histories.
LAW FAVORS LANDLORD
Oklahoma’s landlord-tenant laws are among the most lenient in the nation.
But lawmakers in Oklahoma are pushing for changes. State Rep. Daniel Pae has introduced bills to protect tenants from retaliatory evictions, while another bill seeks to provide funds for legal assistance.
Senator Julia Kirt has also introduced legislation to allow more time for tenants to prepare for eviction hearings and seal court records for tenants who win their cases.
If Rodriguez wins her appeal, she’ll get more time to move. But that’s far from guaranteed.
Legal assistance for eviction cases is hard to come by in Oklahoma, and appeals are often unsuccessful.
Rodriguez’s only hope is to represent herself, as local legal aid organizations are unable to take her case.
She’s hoping to use evidence from her communications with Finley to make her case.
Patrick Finley didn’t immediately respond to the request for a comment by The U.S. Sun.
