By Marie McCain
The Cincinnati Enquirer

MILFORD - All Vivian Martin wants for Christmas is a place to live. The 50-year-old mother of two, who suffers from both breast and cervical cancer and can't work, is being evicted from her apartment.

Today, the Clermont County woman could find herself, her 18-year-old son and all their belongings out in the cold.

That's the deadline that was set Dec. 9 by a Clermont County magistrate, who granted the landlord's request to reclaim the Meadow Drive apartment Martin and her son have rented for three years.

But Martin said she had an oral agreement with her landlord, Carol May. Martin says May agreed to take $250 per month instead of the regular $545.

May contended in court that there was no such agreement. However, Martin has a stack of receipts from cashier's checks, which she says prove her landlord accepted the money.

"If there was no agreement then why did she cash all my checks?" Martin asked.

She also has documents from her doctors verifying that she can't work.

In court the magistrate would only discuss the issue of occupancy, despite Martin's attempts to present her check receipts.

An additional hearing to address any monetary disputes is scheduled for this month.

Neither May nor her attorney responded to requests seeking comment.

Martin said she informed her landlord of her condition when she moved in. At the time, she was able to make her rent payments because of benefits she and her younger son received as part of a retirement pension through Martin's estranged husband.

But as her son neared his 18th birthday, his Social Security benefits decreased. Her benefits through her husband's pension ended altogether. Her son receives about $665 per month. She has applied for Social Security Disability payments, but they have not kicked in.

"After I pay rent, I have to pay the phone bill, and the electric bill. What then? We'd have nothing," she said.

Martin had her first meeting with a Legal Aid attorney last week, but that office has yet to file any paperwork in the case.

This isn't the first time her illness has led to trouble with a landlord.

In November 2000, Chapelwood Apartments in Loveland sued to evict her, according to documents filed in Hamilton County Municipal Court, contending that she failed to pay rent.

Martin said she became too ill to live by herself, moved in with her estranged husband and left the apartment before the end of her lease. A judge dismissed the case that same month.

Last August, Martin was diagnosed with another illness that caused her to develop blood poisoning. She spent 16 days in the hospital and had to have a portion of the muscle in her left arm removed. The arm is usable but not for long periods.

"We expected (the landlord) to have some compassion, especially at this time of year," said Louise Osborne of Loveland, who has befriended Martin.

"I just want to be able to stay here, until my disability (subsidy) kicks in," Martin said. "I'll leave after that. I don't want to stay here any longer than I have to. I haven't even put up a Christmas tree. Who can celebrate?"

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E-mail mmccain@enquirer.com