Breaking Lease for Medical Reasons (apartments, tenant, rental, security deposit)

[donsabi]

A friend had a heart attack last month and is having difficulty climbing the steps in his two story townhouse. I suggested he find a single floor apartment. We went to the management and explained his situation. The manager said it is their policy to charge three months rent plus the loss of he security deposit in his case. I asked if they could provide another apartment as they own multiple rental properties and I was told they have no single floor apartments.
I read under the fair housing act that a landlord must provide a tenant with accomodations to suit their disabilities or release the tenant from the lease.
He is also on social security and has limited financial resourses. Does my friend need to hire and attorney? Comments appreciated.

[Ultrarunner]

I'm very sorry to hear about your friend...

As I understand it... the act you are citing states that the owner must allow reasonable accomodations to be made...

In my experience this has meant allowing the resident to construct a wheel chair ramp and in another case allowing a resident to hire a licensed electrician to install a special 30 amp 220v dedicated circuit for required medical equipment.

I have also made special reserved parking available at a property that does not have assigned parking.

I have not come across any case where the property owner was required to make and pay for alterations....

What you suggest sounds reasonable and perhaps a letter to the owner from your friends physician might help in finding a ground floor apartment without having to forfeit several months rent...

[ESFP]

Wow! How interesting. I would think that anyone would help this guy if they could. If he contacted a local news reporter, it may make an interesting story and the landlord would do the right thing once it's made public. Not that it's the same, but my neighbor painted an American flag on his house during Desert Storm (1990). Rules said any painting must be pre-approved by management. He got the press to stick a microphone in the landlords face on TV. The response was that they had reconsidered and allowed the flag. Most landlords would either do the ethical thing and avoid embarassment.

[pitt_transplant]

Xerox/highlight the law and ask to comply so you dont have to go to a third party.

[aragx6]

Do you know a lawyer? Getting something on a lawyer's letterhead almost always makes things move along nicely..

Usually I can see both sides of an issue, but this landlord seems out of line.

[Katie1]

Get the letter from his doctor .... then If the landlord refuses to let him out of the lease Seek a lawyer...Try legal aid or see if 1 will help pro bono. Has your friend even got another apt to move to?
My son got hit by a car 2 dr told him no more stairs....My health went down my dr said get cleaning help! Even with all this it took a year for us to get a place together he cleans & there are no stairs!
So unless your friend has a place to go...its all mute weather or not the landlrd will let him out of the lease!

[mommabear2]

Originally Posted by donsabi

A friend had a heart attack last month and is having difficulty climbing the steps in his two story townhouse. I suggested he find a single floor apartment. We went to the management and explained his situation. The manager said it is their policy to charge three months rent plus the loss of he security deposit in his case. I asked if they could provide another apartment as they own multiple rental properties and I was told they have no single floor apartments.
I read under the fair housing act that a landlord must provide a tenant with accomodations to suit their disabilities or release the tenant from the lease.
He is also on social security and has limited financial resourses. Does my friend need to hire and attorney? Comments appreciated.

Wow, your friends property manager has ice in their veins Your friend is entitled to REASONABLE accommodation for his disability. So, having an elevator installed in his townhouse by the manager is UNreasonable... providing another unit that suits his needs is reasonable. If they had any sense they would release him from his apartment lease since it is now an impediment to his health. He should talk to the actual OWNER of the apartment... skip over the agent and go to the source (with supporting documents in hand). If that doesn't work... it's lawyer time.

[donsabi]

Update: My friend did find a one floor apartment and is moving. Since his heart attack he has been slammed with medical bills which have depleted his bank account. The place he is currently at wants three months rent and the security deposit to break the lease. He does not have this amount after medical expenses and cost of his new apartment. I suggested he try to make some type of settlement but was refused.
I took him to an attorney who advised him not to pay the early termination fee. She stated that his SS could not be attached and he has no property so there is nothing to collect from him. She also said rent is not a loan and cannot be would not effect his credit report unless the landlord went to court and was awarded a judgment. She also said the the early termination agreement releases the landlord from any liability and because he was leaving for medical reasons he should not sign it.

[newtoli]

Originally Posted by donsabi

She stated that his SS could not be attached

This is true - they cannot take SS payments

Originally Posted by donsabi

She also said rent is not a loan and cannot be would not effect his credit report unless the landlord went to court and was awarded a judgment.

This is not true at all and REALLY bad advice on the lawyers part (are you sure she was a real lawyer?). The landlord can sell the debt to a collection agency without going to court, and they can most certainly put a black mark on his credit report for it.

[donsabi]

newtoli,
Your are right and she did mention that fact that the debt can be sold, but she said because the debt was noncollectable no collection agency would buy it. Also they buy for pennies on the dollar hardly worth a debt of as little as six months rent.

Update: My friend went to the manager and tried to find a way to settle. He agreed to pay the penalty, three months rent plus the SD. The following day they send him packet with moving out instructions and costs. The way I interpret this document is the management wants him to move out and then they will determine, in his absence, the condition of the town house and then bill him accordingly. For simple cleaning it could cost over $1000. It seems to me that his effort to settle resulted in this company willing to accept the early termination money and yet trumping up charges for cleaning, etc.

After seeing this story unfold I will never again rent from a large company or corporation. I find it very sad to see a multi-million dollar corp. bully a tenant over his misfortune.