Breaking lease because of medical issue (apartments, location, move, how much)
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Many cases get thrown out of court simply because the attorney neglected to follow the proper steps. I'm not sure what steps have been taken but to recap:
1. You need a health care professional to make a health related determination as to your limitations as it pertains to your housing. So a medical professional needs to state specifically what your limitations are and what is their health related advice. Usually this would be something along the line that so and so has X that requires them to have continued medical/caregiver attention. This tells the landlord that you need someone to be with you based on a medical professional's recommendation.
Quote:
Originally Posted by FrustratedTenant
I have been suffering from health issues for several years now and unfortunately I am now being advised by my family doctor and two specialists that I can no longer live on my own due to the health issues.
This is usually where things first goes wrong. You can't demand something that your doctor has not set out as your limitations or needs. A proper medical need would only state what you need and what you can or can't do, FROM A MEDICAL PERSPECTIVE ONLY, never will it dictate a specific end result. And this has to be in hand before you make any accommodation request under FHAA.
So, do you have that health professional's statement in hand and can we check this off the list?
2. Step two is you need to ask the landlord for a reasonable accommodation based on the health professionals recommendations in writing. You can not at this stage make assumptions about what is or isn't available or what may or may not be reasonable if offered. All you can do is make the request and evaluate their response. So if your health professional is saying you need continued care, and the recommendation is for someone to live with you to help you, your request is just to ask for the second person as a caregiver to be allowed and to move to a suitable unit that can accommodate the caregiver.
This is the second stage where avoidable problems often rise up. Remember, all you are doing at this stage is making the reasonable accommodation request based on the medical recommendation in its most basic form. You must under the law, allow the landlord to properly evaluate your needs based on the health are professionals recommendation and for them to gather whatever options and present hem to you.
Quote:
Originally Posted by FrustratedTenant
My current apartment is only one bedroom and my apartment complex is small with no two bedroom units available.
You will not prevail in court if you skipped this step and went straight to a lease break. The courts are adamant that you make a proper written request for a reasonable accommodation.
So, did you make the written request based solely on the health care professional's recommendation as a RRA and can we check this off the list?
3. If the landlord through inability, denial or unsuitability can not reasonably accommodate your request based on the health professionals recommendations, you can not submit a second written request for lease termination. You will need to follow the same steps again as when you made the first RRA, but that is how the law wants you to do it. If they refuse you can move and demand your lease break be treated as a legal lease break with all the rights and responsibilities of a legal lease break. Only if they act against you can you sue.
So, did you complete steps 1 & 2 before you went to step 3?
I have found that many attorneys know FHAA but they do not know the process as there are just so few actual cases that are accepted by the courts. The majority of FHAA cases gets dismissed because steps 1 & 2 did not occur in the manner and sequence they were supposed to occur. The law does allow for a lease break to be a reasonable accommodation but it is not the starting point in any RRA, it is the last step before legal action. Make absolutely sure you followed the proper steps and your attorney has verified that you did everything in order, otherwise you may be disappointed after a motion hearing.
1 and 2 were definitely mentioned in the OP however, not certain what exact steps the OP took or if they were just summarizing it all in the post and not giving us the step-by-step details they went through.
There is nothing more frustrating than seeing a judge toss a lawsuit or grants a motion based solely on the claimants screw up of the RRA process. It's just downright sickening when the attorney should have caught it and corrected it before it reached the legal stage. Its harmful to the claimant because they have to go back and fix the simple mistake and start back from that point, all the time not being able to get the protection of the law. Many times the landlord will have had (on their terms) the advantage of preparing for accommodating the person and agree. However the delay served the landlord and not the tenant along with having the tenant stuck with their own legal bills to pursue a faulty case. It's a win for the landlord.
Quote:
Originally Posted by Corn-fused
1 and 2 were definitely mentioned in the OP however, not certain what exact steps the OP took or if they were just summarizing it all in the post and not giving us the step-by-step details they went through.
I am hoping that is the case.
My concern is I see the red flag already. The health professionals statement that the person "can not live alone" is not an acceptable basis for the courts. If that is the entire nature of the recommendation, the courts will not accept it because it did not specify exactly what is needed. After all, is the health professional saying that the tenant's domestic lover should be allowed to live in the unit with the tenant? Is the recommendation asking to allow a service animal? Are they recommendation that several non live in caregivers be allowed access to the tenant on a 24 hour basis? (none of those accommodations require a second bedroom.) It's too open ended with no specific statement directly saying the person needs a second bedroom or anything else. That is a key element of all RRA claims. Unfortunately, this is a very common error in RRA cases, often overlooked by plaintiffs attorneys but seldom missed by defendants attorneys.
It's completely possible the attorney is doing everything precisely according to the process and law and the OP is just providing tidbits. But if it's exactly as the OP stated, I see any lawsuit being tossed.
There is nothing more frustrating than seeing a judge toss a lawsuit or grants a motion based solely on the claimants screw up of the RRA process. It's just downright sickening when the attorney should have caught it and corrected it before it reached the legal stage. Its harmful to the claimant because they have to go back and fix the simple mistake and start back from that point, all the time not being able to get the protection of the law. Many times the landlord will have had (on their terms) the advantage of preparing for accommodating the person and agree. However the delay served the landlord and not the tenant along with having the tenant stuck with their own legal bills to pursue a faulty case. It's a win for the landlord.
I am hoping that is the case.
My concern is I see the red flag already. The health professionals statement that the person "can not live alone" is not an acceptable basis for the courts. If that is the entire nature of the recommendation, the courts will not accept it because it did not specify exactly what is needed. After all, is the health professional saying that the tenant's domestic lover should be allowed to live in the unit with the tenant? Is the recommendation asking to allow a service animal? Are they recommendation that several non live in caregivers be allowed access to the tenant on a 24 hour basis? (none of those accommodations require a second bedroom.) It's too open ended with no specific statement directly saying the person needs a second bedroom or anything else. That is a key element of all RRA claims. Unfortunately, this is a very common error in RRA cases, often overlooked by plaintiffs attorneys but seldom missed by defendants attorneys.
It's completely possible the attorney is doing everything precisely according to the process and law and the OP is just providing tidbits. But if it's exactly as the OP stated, I see any lawsuit being tossed.
Perhaps cause its a Privacy issue. I certainly wouldn't want to Go Public on the Internet to Explain Why I now need a 2 bedroom apt. No Ones business but me & my Drs!
I am Handicap I cant climb stairs that's ALL I saying & my Doctors better say for me to rent a Downstairs apt!
Perhaps cause its a Privacy issue. I certainly wouldn't want to Go Public on the Internet to Explain Why I now need a 2 bedroom apt. No Ones business but me & my Drs!
I am Handicap I cant climb stairs that's ALL I saying & my Doctors better say for me to rent a Downstairs apt!
You doctor would be wrong to say you have to rent a downstairs apartment. Your doctor must remain out of the property issues or their advice can be deemed steering you. What you doctor should be saying is: "no stair climbing.", "no steep ramps." "level access" etc. This is a medical recommendation well within the doctors role and it;s not a property management recommendation that is not the role of the doctor. Just like the OP's doctor should be saying "requires a continued (or 24 hour) live in care giver" That is all a landlord and if necessary a court will need to determine that a second bedroom is required. Note, nothing about the property aspect, just medical as required by the FHAA.
the problem that many doctors, attorneys and tenants make is they start making a court case and forget they first have to go through a checklist. That's one of the confusions right here on this board, the issue isn't if breaking a lease is a reasonable accommodation (that's already established) its if the tenant OP has followed the steps before they reached the lease break option phase. The law says you can appeal a case to the US Supreme Court but get a ticket and go to the US Supreme Court and watch how fast you get laughed back down to the first step court process. A lease break as a RRA is a last step option after the others have failed, not before and not during.
You doctor would be wrong to say you have to rent a downstairs apartment. Your doctor must remain out of the property issues or their advice can be deemed steering you. What you doctor should be saying is: "no stair climbing.", "no steep ramps." "level access" etc. This is a medical recommendation well within the doctors role and it;s not a property management recommendation that is not the role of the doctor. Just like the OP's doctor should be saying "requires a continued (or 24 hour) live in care giver" That is all a landlord and if necessary a court will need to determine that a second bedroom is required. Note, nothing about the property aspect, just medical as required by the FHAA.
the problem that many doctors, attorneys and tenants make is they start making a court case and forget they first have to go through a checklist. That's one of the confusions right here on this board, the issue isn't if breaking a lease is a reasonable accommodation (that's already established) its if the tenant OP has followed the steps before they reached the lease break option phase. The law says you can appeal a case to the US Supreme Court but get a ticket and go to the US Supreme Court and watch how fast you get laughed back down to the first step court process. A lease break as a RRA is a last step option after the others have failed, not before and not during.
Does this make more sense now?
Quote:
Originally Posted by Katie1
Perhaps cause its a Privacy issue. I certainly wouldn't want to Go Public on the Internet to Explain Why I now need a 2 bedroom apt. No Ones business but me & my Drs!
I am Handicap I cant climb stairs that's ALL I saying & my Doctors better say for me to rent a Downstairs apt!
Plus, no one was asking anyone to actually reveal their medical conditions on the internet nor does the actual medical condition/impairment ever even need to be revealed to the LL for that matter. Rabrrita's point was only to express to the OP that they need to follow certain protocol in order to accomplish what is needed.
All Our doctors said was we cant climb stairs. NEVER had a problem getting a down stairs apt.
And that is all the doctor should have to say. Your situation worked for you because your LL was able to accommodate you. However, that does not appear to be the case for the OP based on what they have stated. Hence the reason for the current discussion regarding the proper steps required to proceed with the OP's situation.
Perhaps cause its a Privacy issue. I certainly wouldn't want to Go Public on the Internet to Explain Why I now need a 2 bedroom apt. No Ones business but me & my Drs!
I am Handicap I cant climb stairs that's ALL I saying & my Doctors better say for me to rent a Downstairs apt!
Katie, you don't need a doctor's note to get a ground floor unit. Either they have one open for you when you apply or they don't. If they don't have one are they supposed to kick someone out to accommodate you? I don't think so.
Common sense would say that since you use a scooter, you'll need a ground floor unit, or a building with an elevator. Why get your Dr. involved?
All Our doctors said was we cant climb stairs. NEVER had a problem getting a down stairs apt.
I don't have a medical condition and I've never had a problem getting a ground floor unit either. When we applied we were asked what our preferences were and were shown the available units on the ground floor. We ended up going with a third floor unit because of the floor plan, but could've had a ground floor unit if we wanted. No Dr's note required.
Many cases get thrown out of court simply because the attorney neglected to follow the proper steps. I'm not sure what steps have been taken but to recap:
1. You need a health care professional to make a health related determination as to your limitations as it pertains to your housing. So a medical professional needs to state specifically what your limitations are and what is their health related advice. Usually this would be something along the line that so and so has X that requires them to have continued medical/caregiver attention. This tells the landlord that you need someone to be with you based on a medical professional's recommendation.
This is usually where things first goes wrong. You can't demand something that your doctor has not set out as your limitations or needs. A proper medical need would only state what you need and what you can or can't do, FROM A MEDICAL PERSPECTIVE ONLY, never will it dictate a specific end result. And this has to be in hand before you make any accommodation request under FHAA.
So, do you have that health professional's statement in hand and can we check this off the list?
2. Step two is you need to ask the landlord for a reasonable accommodation based on the health professionals recommendations in writing. You can not at this stage make assumptions about what is or isn't available or what may or may not be reasonable if offered. All you can do is make the request and evaluate their response. So if your health professional is saying you need continued care, and the recommendation is for someone to live with you to help you, your request is just to ask for the second person as a caregiver to be allowed and to move to a suitable unit that can accommodate the caregiver.
This is the second stage where avoidable problems often rise up. Remember, all you are doing at this stage is making the reasonable accommodation request based on the medical recommendation in its most basic form. You must under the law, allow the landlord to properly evaluate your needs based on the health are professionals recommendation and for them to gather whatever options and present hem to you.
You will not prevail in court if you skipped this step and went straight to a lease break. The courts are adamant that you make a proper written request for a reasonable accommodation.
So, did you make the written request based solely on the health care professional's recommendation as a RRA and can we check this off the list?
3. If the landlord through inability, denial or unsuitability can not reasonably accommodate your request based on the health professionals recommendations, you can not submit a second written request for lease termination. You will need to follow the same steps again as when you made the first RRA, but that is how the law wants you to do it. If they refuse you can move and demand your lease break be treated as a legal lease break with all the rights and responsibilities of a legal lease break. Only if they act against you can you sue.
So, did you complete steps 1 & 2 before you went to step 3?
I have found that many attorneys know FHAA but they do not know the process as there are just so few actual cases that are accepted by the courts. The majority of FHAA cases gets dismissed because steps 1 & 2 did not occur in the manner and sequence they were supposed to occur. The law does allow for a lease break to be a reasonable accommodation but it is not the starting point in any RRA, it is the last step before legal action. Make absolutely sure you followed the proper steps and your attorney has verified that you did everything in order, otherwise you may be disappointed after a motion hearing.
Thank you for your help. The letter my doctor wrote said I would need around the clock medical care and supervisor and that the condition was degenerative so even more specialized care and supervisor would be needed in the future. I included that with my letter requesting a reasonable accommodation where I asked for either a two bedroom unit or to be able to break the lease, though I also said I would be willing to consider any alternatives they could offer. My lawyer reviewed the letter and said everything was ok. I live in a small town so there aren't many companies who can provide home health care services and even fewer certified for what I need.
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