Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 08-24-2015, 03:21 PM
 
7 posts, read 21,518 times
Reputation: 10

Advertisements

Hello everyone,

I need advice about breaking a lease. 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. My current apartment is only one bedroom and my apartment complex is small with no two bedroom units available.

My father in law has told me that I can break the lease with no penalty but management is not budging on my having to pay the lease break fee! The money is no concern but I have principle!

What do I do?
Reply With Quote Quick reply to this message

 
Old 08-24-2015, 03:28 PM
 
Location: Sugarmill Woods , FL
6,234 posts, read 8,445,889 times
Reputation: 13809
Sub-Let the apartment or pay the fee. They don't legally have to let you out of the lease because of health issues if it didn't state it in the lease.
Reply With Quote Quick reply to this message
 
Old 08-24-2015, 04:08 PM
 
3,461 posts, read 4,705,814 times
Reputation: 4033
OP, what state are you living in?
Reply With Quote Quick reply to this message
 
Old 08-24-2015, 04:21 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,240,667 times
Reputation: 4205
Can't help you without knowing what state you are in. It is very likely you got bad info, there is no federal law that allows what you are looking for.
Reply With Quote Quick reply to this message
 
Old 08-24-2015, 05:15 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,071,179 times
Reputation: 10356
Your father in law is not wrong. The law he is referring to is the Fair Housing Act. You can indeed break the lease under these circumstances with no financial penalty.
Reply With Quote Quick reply to this message
 
Old 08-24-2015, 05:21 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,240,667 times
Reputation: 4205
Quote:
Originally Posted by McBain II View Post
Your father in law is not wrong. The law he is referring to is the Fair Housing Act. You can indeed break the lease under these circumstances with no financial penalty.
Nothing in that law covers what the OP has a problem with. Feel free to post what you think applies but that law is to protect against discrimination which isn't happening here, the OP isn't being denied anything that someone else would be allowed to do.
Reply With Quote Quick reply to this message
 
Old 08-24-2015, 05:36 PM
 
3,461 posts, read 4,705,814 times
Reputation: 4033
Quote:
Originally Posted by AZ Manager View Post
Nothing in that law covers what the OP has a problem with. Feel free to post what you think applies but that law is to protect against discrimination which isn't happening here, the OP isn't being denied anything that someone else would be allowed to do.
If it is defined as a disability of some sort, then there are some protections in place for break lease fees/penalties:
Can a Request to Break a Lease Be Considered a Reasonable Accommodation? Yes, Depending on the Circumstances. | Fair Housing Defense
Reply With Quote Quick reply to this message
 
Old 08-24-2015, 06:03 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,071,179 times
Reputation: 10356
Quote:
Originally Posted by AZ Manager View Post
Nothing in that law covers what the OP has a problem with. Feel free to post what you think applies but that law is to protect against discrimination which isn't happening here, the OP isn't being denied anything that someone else would be allowed to do.
Federal courts have held that in situations like the OP is faced with, breaking a lease without penalty is considered a reasonable accommodation under the FHA.
Reply With Quote Quick reply to this message
 
Old 08-26-2015, 02:29 PM
 
7 posts, read 21,518 times
Reputation: 10
I spoke to the management office again today and they are insisting the fair housing act doesn't apply. I'm confused what to do now!
Reply With Quote Quick reply to this message
 
Old 08-26-2015, 02:34 PM
 
3,461 posts, read 4,705,814 times
Reputation: 4033
You have not answered the question of what state are you in?
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting

All times are GMT -6. The time now is 08:27 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top