What to do about an eviction and HIPAA procedures?

UPDATED: Feb 3, 2012

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What to do about an eviction and HIPAA procedures?

My husband an I own a private medical practice; he is the practicing provider and I am the legal owner of the facility. Currently the landlord of the property is trying to get us out. I paid rent last month in the usual manner, by depositing funds into their account at the bank. I did this with cash and did not get a receipt. I know, this is incorrect procedure because I have no documentation of payment but as I said,this was usual practice for over 10 years now. Now the landlord claims there was no payment and has disallowed us access to the office. What is the proper eviction procedure as it pertains to us a medical office? We are positive they are in some sort of violation, especially with all of the HIPAA issues involved. What is within our legal rights?

Asked on February 3, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

HIPPAA which is the 1996 Health Insurance Portability and Accountability Act of 1996 is a federal law that deals with disclosures of an individual's health information and based upon your question concerning an eviction concerning unpaid rent seemingly has no relevance to your question.

If you paid cash into the landlord's bank account as you have always done in the past but have no receipt for the deposit, you will need to get a copy of the landlord's bank deposit statement to match prior deposits that you made to defend the eviction lawsuit.

Legally the landlord cannot prevent your access to the office you are writing about. With that being said, I suggest that you consult with a commercial landlord tenant attorney about the situation you are writing about.

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