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TriscuitQueen | I became disabled and had to move due to financial issues. Can the landlord sue us for breaking the lease? |
I was in a semi truck accident in late 2005. In February 2007, my fiance and I moved into a house that had a year lease. In July of 2007, a diagnosis was finally made on my condition and I was the considered permenantly disabled.
Now, in April of 2007, I had to start using a wheelchair. We asked the landlord to assist us in making the house handicap accessible by helping us with ramps to get in and out of the house. He refused. When we found out that I wasn't going to get any better, we had to move out or I would have always been homebound. We gave him a verbal 30 day notice in August, and moved out in September. Now he says that we didn't tell him we were moving and wants Sept, Oct and Nov rent, plus he wants to charge us for mowing the lawn all that time. I couldn't get around the house (the door frames were too tight for the chair), couldn't go outside, and we couldn't afford to live there anymore. If he takes us to small claims, will we have to pay everything? |
 |
 
nojam75
 |
Sorry about your accident.
You'll need to speak to an expert in your area regarding federal and state ADA and disability laws. It seems that you should be allowed out of your lease if the landlord is unable or unwilling to meet your accommodation request. However, I don't know what the specific laws are for your situation. Call your local HUD office, they should be able to point in the right direction.
Your landlord does sound slimey in that he is only now claiming that he didn't know you moved out. It doesn't take most landlords over two months to notice missing rent payments.
That said, the landlord does have some legitimate issues. Why were you physically unable to provide a 30-day written notice? Did you make a request for reasonable accommodation to the landlord in writing? Being unable to afford the unit due to the loss of your job is not a sufficient reason to break a lease. You should have attempted to fulfill your lease obligation by re-renting the apartment and/or given a proper move-out notice so the landlord could re-rent it. |
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acermill
 |
You have a collection of issues here. Under federal fair housing laws, the landlord MUST accommodate your request for handicap access, but he's not required to pay for it. It would be at your expense.
The landlord is NOT required to undergo extensive remodeling at his cost to make the house wheelchair accessible. Given that you didn't want to live there due to your situation, you still have a valid binding lease, the terms of which do not cover your sad situation.
Will he win in court ? Probably. But he's also going to get a scowl from the judge which will stay with him for quite some time. Expect to lose this one (sadly), but to also have the presiding justice give you every break he possibly can give you. |
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sporregar
|
Depends on evidence on both sides and what the judge decides.
You did break your lease so are bound by the lease breakage clause in your rental agreement. Hopefully you informed the landlord in writing that you were vacating the home.
Not his problem that you couldn't mow the lawn. If it was your responsibility to do it then you had to have it done, whether by you or by someone you hired to take care of it. |
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devilish1965
 |
ALWAYS put everything in writing. Verbal is like he said she said.
Yes, the Landlord can sue and win. Maybe both Parties could meet at a Mediator and come to an Agreement that you can live with. |
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Expert Realtor
 |
Yes, because the financial problems of a tenant, regardless of the reason, are not the landlord's problem.
It would be no different if you owned a house...the mortgage company would foreclose on the house when you stopped paying.
A landlord is required to ALLOW YOU to make reasonable accomodations to a non-handicapped unit, but nowhere in the law does it say HE MUST FOOT THE BILL for the conversion.
So when you say, "The landlord wouldn't help you" that means you wanted the landlord to pay for it....here is news for you: HE DOESN'T HAVE TO!!!!!
If you didn't have the money to pay the rent, then obviously you didn't have the money to foot the bill to make the apartment ADA accessable.
If he takes you to small claims, he will win.
PS: ADA conversions cost thousands of dollars, and that is why the law does not require the landlord to foot the bill for them. Otherwise, every single time we have a free unit, the rent you get wouldn't even cover the expenses of ADA for a 12-month period.
Landlord's can charge you not only for the ADA conversions, but to restore the property to it's original condition upon moveout.
If a landlord owns over so many units (determined in each state), if he has a certain percentage of units ADA compliant, he IS NOT REQUIRED to convert additional units....this is no different than if you were disabled and pulled into a Walmart parking lot and all of the handicap spots were taken...disabled people are NOT guaranteed 100% access all of the time. |
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NYkool
|
If you are as good at explaining this to the judge as you are to us, then you should not have a problem. The real problem is that the landlord is all hot air and will only put it on your credit report to ruin you and you will be the one going to legal aid to try to get this straightened out. So - go to legal aid now and save your credit rating. As a disabled person on limited income, this will be essential to your life. |
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Trouble
|
You had a legally binding lease. The landlord had no obligation to help you with making the house handicap accessible. The landlord must allow you to make reasonable modifications, but you not only foot the bill for the modifications, you foot the bill to restore the apartment to it's original condition.
Legally, you owe the rent until either a replacement tenant was found, or the lease expired. If mowing the lawn was your responsibility per the lease, you were responsible to either mow it or pay someone else to mow it.
Now a judge may feel sypathetic to your situation, but the law is the law. The fact is that it was your responsibility to arrange for and pay for the modifications. Had you done so, you would hav been able to stay in the property.
If the landlord takes you to Small Claims court, you very well may lose. If the landlord wins, you will also be responsible for the court fee.
From: http://www.usdoj.gov/crt/ada/q%26aeng02.htm
Q. Does the ADA cover private apartments and private homes?
A. The ADA does not cover strictly residential private apartments and homes. If, however, a place of public accommodation, such as a doctor's office or day care center, is located in a private residence, those portions of the residence used for that purpose are subject to the ADA's requirements.
From: http://www.co.medina.oh.us/fairhousing/FAIR%20HOUSING%20PROPERTY%20MANAGERS.pdf
REASONABLE MODIFICATION
After the person with a disability has become a tenant, he or she may request a modification to their unit in order to enjoy full use of it. Examples of modifications requested may include: building a ramp over the front steps to enter the dwelling; widening a doorway to the kitchen, bedroom, or bathroom; installing grab bars in the bathroom; or removing a piece of carpet.
The modifications made are paid for by the tenant. You may require the unit be restored to its original condition when the tenant moves. You may require the tenant to pay into an interest bearing escrow account, over a period of time, a reasonable amount of money not to exceed the cost of restorations. You may not ask for an increased
security deposit.
Modifications made in public-assisted housing may need to be paid for by the owner, depending on financial resources. In federally funded public housing, the tenant is usually not required to pay for modifications as a reasonable accommodation. |
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Tim B
|
Legally you had a contract to stay so you may be stuck. But the disability may get you out because you asked for modifications to make it handicapped accessable and he didn't comply. Why would he think you are responsible for lawn mowing? It is his property to maintain. |
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WAYNE T
|
yes he can sue for breaking a lease contract.
He can not only if your disability denies you the use of any portion of the home you now have
And you have to move because of the problem in the house.
You could take him to court for not having handi cap access in the home.
And denying you to break the lease agreement....
You could then have the court order him to make it usable for your disability
Even if this occurred one week after the lease was signed. |
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mary m
 |
He might have a case, but you do to since he wasn't willing to tailor the home to meet your needs. I would tell him you will counter-sue and get legal aid stat. |
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Curtis R
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get a attorney the ada laws you may be able to come up with someting |
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