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So the law does state the manager has an obligation to make reasonable accommodations. These accommodations can include changes to the rules/policies (which would include breaking a lease)
Well, we have known THAT from the beginning of this conversation, but it appears you are trying to stretch that to say no other reasonable accommodation is acceptable to you other than breaking the lease.
I believe Rabrrita is correct in the advice she is offering you, you should pay careful attention to it. She is very knowledgeable regarding these issues, so you ignore her advice at your peril.
The thing is, its not up to you to make that decision what constitutes a reasonable accommodation. If a landlord is willing to make other reasonable accommodations to the property to accommodate your disability, or is willing to let you make them at your expense, then you are not necessarily going to be entitled to jump past those options and break the lease.
If it has to go to a judge to determine if you are or are not entitled to break the lease, as a reasonable accommodation, its going to look really bad for you if you bypassed or reject all other options without substantial justification. I do believe the law looks at breaking the lease as the final and last alternative, after all other options have been shown to be unworkable. You must go through the steps.
After all, you have been living at this location for months. I'd guess that you are still living there, so its not totally unworkable for you. It is hard for me to imagine what terrible disability you could have suddenly developed short of becoming paraplegic, that might suddenly render your current residence totally unworkable for you. Unless something catastrophic like this has occurred, I can't see any reason you would not be obligated to continue the lease, or at the very least to adhere to the normal requirements for providing 30 day notice, and properly cleaning the property and repairing any damage that you have done to it (or paying someone else to do so). Otherwise, yes some of your deposit could be kept to cover these costs.
Sadly it is just human nature that there are going to be a number of people trying to abuse the ADA laws as an excuse to break their leases, and the courts are going to be concerned about this possibility. The burden of proof is going to be on you to adequately prove that you are entitled to this consideration.
Well, we have known THAT from the beginning of this conversation, but it appears you are trying to stretch that to say no other reasonable accommodation is acceptable to you other than breaking the lease.
I believe Rabrrita is correct in the advice she is offering you, you should pay careful attention to it. She is very knowledgeable regarding these issues, so you ignore her advice at your peril.
The thing is, its not up to you to make that decision what constitutes a reasonable accommodation. If a landlord is willing to make other reasonable accommodations to the property to accommodate your disability, or is willing to let you make them at your expense, then you are not necessarily going to be entitled to jump past those options and break the lease.
If it has to go to a judge to determine if you are or are not entitled to break the lease, as a reasonable accommodation, its going to look really bad for you if you bypassed or reject all other options without substantial justification. I do believe the law looks at breaking the lease as the final and last alternative, after all other options have been shown to be unworkable. You must go through the steps.
After all, you have been living at this location for months. I'd guess that you are still living there, so its not totally unworkable for you. It is hard for me to imagine what terrible disability you could have suddenly developed short of becoming paraplegic, that might suddenly render your current residence totally unworkable for you. Unless something catastrophic like this has occurred, I can't see any reason you would not be obligated to continue the lease, or at the very least to adhere to the normal requirements for providing 30 day notice, and properly cleaning the property and repairing any damage that you have done to it (or paying someone else to do so). Otherwise, yes some of your deposit could be kept to cover these costs.
Sadly it is just human nature that there are going to be a number of people trying to abuse the ADA laws as an excuse to break their leases, and the courts are going to be concerned about this possibility. The burden of proof is going to be on you to adequately prove that you are entitled to this consideration.
I am not saying Rabrrita's information is incorrect. I asked her for extra information or cases where courts ruled with the landlord, stating it wasn't a reasonable accommodation to break the lease without utilizing making modifications to the unit first. I am not seeing cases like that. Everything I am finding online states it is a reasonable accommodation to bend the rules and allow a tenant to break a lease without penalty due to a disability. I agreed that having made the attempts to modify the rental FIRST would certainly make for a stronger case in my favor. However I was pointing out that there is not specific language in any of the laws or cases I've found that state you must ask for a modification prior to requesting a change in the rules/policies. I asked Rabrrita for any additional information so that I could research and look at actual cases to base my knowledge off of. She has given me much information to look into, which I appreciate. My request for more information was not saying she was wrong or that I was rejecting it. I was continuing the conversation so that I can get any information I can.
This is a public forum therefore I am not going to detail my medical history here. However I strongly suggest that you consider the fact you are not a doctor nor are you well versed in every medical condition out there (physical, mental, psychological, etc). If you cannot think of a condition that may have symptoms that worsen over time or are sporadic in nature or conditions that can have sudden onset of symptoms then not only are you completely ignorant when it comes to having any understanding of a disability nor should you be in any position to judge or assess someone's health. I am appalled that your only conclusion about a person not being able to live in their home would be due to him/her becoming a paraplegic. Honestly I am just taken aback at the ignorance and lack of understanding. I pray you are not a landlord. Even if you were, it is not your place to determine a tenant's ability to live in a rental based on your understanding of the medical condition. That's what doctors are for and thank God there are laws in place to protect people with disabilities from people who are so closed minded and discriminatory in their thinking.
Are there people who try to abuse laws? Yes. That goes without saying for any law out there. But laws are in place to protect disabled people for a reason. Based on your gross misconceptions of disabled people, I am grateful for such laws and will not feel ashamed for exercising my rights under the law.
Last edited by bibbitybobbitybooo; 01-16-2016 at 04:42 PM..
OP you initial question was answered very comprehensively...I would follow that advice step by step.
As you have stated, you cannot afford to make these changes to the property, and if there are not organizations willing to foot the bill, that might be a feasible argument for breaking the lease. Follow the steps listed.
Do as the previous poster suggested...contact your local ADA and discuss your options for housing. See if they can help you with accommodations or if they have knowledge of available housing that meets your needs. An ADA advocate would help you get through this process with less stress.
I am not saying Rabrrita's information is incorrect. I asked her for extra information or cases where courts ruled with the landlord, stating it wasn't a reasonable accommodation to break the lease without utilizing making modifications to the unit first. I am not seeing cases like that. Everything I am finding online states it is a reasonable accommodation to bend the rules and allow a tenant to break a lease without penalty due to a disability. I agreed that having made the attempts to modify the rental FIRST would certainly make for a stronger case in my favor. However I was pointing out that there is not specific language in any of the laws or cases I've found that state you must ask for a modification prior to requesting a change in the rules/policies.
This is a public forum for I am not going to detail my medical history here. However I strongly suggest that you consider the fact you are not a doctor nor are you well versed in every medical condition out there (physical, mental, psychological, etc). If you cannot think of a condition that may have symptoms that worsen over time or are sporadic in nature or conditions that can have sudden onset of symptoms then not only are you completely ignorant when it comes to having any understanding of a disability nor should you be in any position to judge or assess someone's health. I am appalled that your only conclusion about a person not being able to live in their home would be due to him/her becoming a paraplegic. Honestly I am just taken aback at the ignorance and lack of understanding. I pray you are not a landlord. Even if you were, it is not your place to determine a tenant's ability to live in a rental based on your understanding of the medical condition. That's what doctors are for and thank God there are laws in place to protect people with disabilities from people who are so closed minded and discriminatory in their thinking.
Are there people who try to abuse laws? Yes. That goes without saying for any law out there. But laws are in place to protect disabled people for a reason. Based on your gross misconceptions of disabled people, I am grateful for such laws and will not feel ashamed for exercising my rights under the law.
Totally uncalled for, everyone has tried to help you. The answers you seek are at the hands of the professionals which several have referred you to. I wish you well,
OP you initial question was answered very comprehensively...I would follow that advice step by step.
As you have stated, you cannot afford to make these changes to the property, and if there are not organizations willing to foot the bill, that might be a feasible argument for breaking the lease. Follow the steps listed.
Do as the previous poster suggested...contact your local ADA and discuss your options for housing. See if they can help you with accommodations or if they have knowledge of available housing that meets your needs. An ADA advocate would help you get through this process with less stress.
Thank you, JanND. Anyone with a disability will say that he/she did not choose to be disabled. I wouldn't wish my circumstances or health issues on anyone. I want nothing more than to live somewhere comfortably. I appreciate your empathy and compassion.
I do agree I have gotten a much better idea as to what steps I can take to protect myself throughout this process. I am thankful for that. I have called the ADA office and left 2 messages but have yet to get a response, which is why I came to this forum to see to see if others could point me in the right direction as to where I could get additional info. Was also hoping that someone who has broken a lease with ADA accommodation would be able to provide feedback as to what their experience was like. I will have to see if someone can drive me to the ADA office, as I still have extra questions.
Last edited by bibbitybobbitybooo; 01-16-2016 at 04:59 PM..
Totally uncalled for, everyone has tried to help you. The answers you seek are at the hands of the professionals which several have referred you to. I wish you well,
I beg to differ. My reply was in response to someone making inflammatory comments. Insinuating I have been living there for months and am trying to find a loophole to break my lease. He even made a remark that he can't think of a reason someone would need to live elsewhere unless he or she were a paraplegic. Is that a joke?? Who makes a disgusting comment like that?! It's a slap in the face to all disabled people out there. The only person who can decide my health limitations and what modifications are needed is my doctor.
It is not helpful when someone makes discriminatory comments against a disabled person.
Last edited by bibbitybobbitybooo; 01-16-2016 at 04:54 PM..
The federal laws that forbid housing discrimination require
landlords to make reasonable changes or “accommodations”
in rules, policies, practices or services so that a person with
a disability will have an equal opportunity to use and enjoy a
dwelling unit or common area. People with disabilities often
seek an accommodation so they can have full use of their
housing, or to prevent eviction. This section explains what a
“reasonable accommodation” is and how to request one. What is a reasonable accommodation?
A “reasonable accommodation” is a change in rules, policies
or practices or a change in the way services are provided.
With a few exceptions, the FHA, Section 504 and the ADA
require landlords to grant reasonable accommodations in
order to enable a person with a disability to have an equal
opportunity to use and enjoy a dwelling unit or any of a
development’s public areas, such as a community room
or laundry service.50 Reasonable accommodations may be
requested when someone is applying for housing, during
tenancy or to prevent eviction.
You can ask for a change in any rule, policy or procedure,
as long as the need for a change is linked to your disability.
So the law does state the manager has an obligation to make reasonable accommodations. These accommodations can include changes to the rules/policies (which would include breaking a lease)
You don't understand the law and need to seek legal advice, see the quote below which is from the hud provided paperwork on the subject, link at the bottom.
Quote:
7. Are there any instances when a provider can deny a request for a reasonable
accommodation without violating the Act?
Yes. A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if there is no disability related need for the accommodation. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable – i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider's operations. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester's disability-related needs.
I am not saying Rabrrita's information is incorrect. I asked her for extra information or cases where courts ruled with the landlord, stating it wasn't a reasonable accommodation to break the lease without utilizing making modifications to the unit first. I am not seeing cases like that. Everything I am finding online states it is a reasonable accommodation to bend the rules and allow a tenant to break a lease without penalty due to a disability. I agreed that having made the attempts to modify the rental FIRST would certainly make for a stronger case in my favor. However I was pointing out that there is not specific language in any of the laws or cases I've found that state you must ask for a modification prior to requesting a change in the rules/policies. I asked Rabrrita for any additional information so that I could research and look at actual cases to base my knowledge off of. She has given me much information to look into, which I appreciate. My request for more information was not saying she was wrong or that I was rejecting it. I was continuing the conversation so that I can get any information I can.
This is a public forum therefore I am not going to detail my medical history here. However I strongly suggest that you consider the fact you are not a doctor nor are you well versed in every medical condition out there (physical, mental, psychological, etc). If you cannot think of a condition that may have symptoms that worsen over time or are sporadic in nature or conditions that can have sudden onset of symptoms then not only are you completely ignorant when it comes to having any understanding of a disability nor should you be in any position to judge or assess someone's health. I am appalled that your only conclusion about a person not being able to live in their home would be due to him/her becoming a paraplegic. Honestly I am just taken aback at the ignorance and lack of understanding. I pray you are not a landlord. Even if you were, it is not your place to determine a tenant's ability to live in a rental based on your understanding of the medical condition. That's what doctors are for and thank God there are laws in place to protect people with disabilities from people who are so closed minded and discriminatory in their thinking.
Are there people who try to abuse laws? Yes. That goes without saying for any law out there. But laws are in place to protect disabled people for a reason. Based on your gross misconceptions of disabled people, I am grateful for such laws and will not feel ashamed for exercising my rights under the law.
You don't understand the law and need to seek legal advice, see the quote below which is from the hud provided paperwork on the subject, link at the bottom.
Totally out of line.
I am familiarizing myself with the law. Hence the point of my post, as others who have experience with this can share their experiences.
What you posted does specifically say: "...providing the accommodation is not reasonable – i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider's operations. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester's disability-related needs."
So it specifies it is handled on a case by case basis and would examine all factors.
If you think defending the rights of disabled people is out of line, you essentially support someone who made grossly inaccurate, ignorant statements about renters with disabilities. I pray you are never disabled or in a position where your disability affects your quality of life. Maybe you would then gain compassion for those who are disabled. But I hope that never happens to you or someone you love. Until then you won't understand why making inflammatory remarks towards a disabled person is unacceptable.
OP, in CA you can break a lease. The courts figure the landlord should be able to get it re-rented in 30 days. I wouldn't worry about using reasonable accommodation to get out of the lease. It will be much more hassle to fight on that basis than just getting out of there, and at worst, ending up in small claims court very shortly regarding any rent he claims you owe or withholding the security deposit. Fighting for a reasonable accommodation will take months upon months through the Department of Fair Employment and Housing.
So, this is what I'd do: Give 30 days notice to move out in writing, and in your notice say that you are moving because the apartment is unacceptable without modifications for your disability, and that you are willing to be very cooperative regarding the landlord showing the apartment while you are still living there. You could even throw in that you would prefer to just move rather than file a complaint with the California Department of Fair Employment and Housing (DFEH).
Your landlord probably won't follow all the laws required regarding your security deposit. So, if it was me, and it would be too difficult to clean, etc., and you can't afford to hire anyone to clean, etc., then just move out and take photos of everything.
When your landlord sends you an itemization with all of the deductions, etc., then you can sue in small claims court if he didn't 1) offer you a pre-move-out inspection in writing with the law on the written notice that explains your rights regarding security deposit; 2) give you a written list of everything you have to do during the inspection in order to get your full deposit back; or 3) send you an itemization with receipts for all deductions within 21 days.
Odds are he won't have done the above. So, you send a demand letter for your full deposit back because he didn't follow the law. When he declines, you file in small claims court, and you get your full deposit back because he failed to follow the law - even if you left the place a mess. Also, if he tries to charge you rent beyond your 30 day notice (your last month's rent), other than maybe a week to do any painting, etc., before the next tenant moves in, you can ask the court for whatever he overcharged you on rent, too.
But, honestly, going this route will be much easier and faster than trying to get the state to enforce a denied reasonable accommodation request. Good luck.
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