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My friend who is 88 years old renewed her lease with an apartment complex for one year but has now become dependent on family to take care of her. Is it possible for her to get out of her lease early based on her disability? The complex she lives in does not provide for the handicapped so she has difficulty getting in and out of her apartment. She lives in Richmond, Virginia.

Submitted: 418 days and 21 hours ago.

Category: Real Estate Law

Value: $20

Status: CLOSED

Richmond, Virginia

Already Tried:
Researching landlord tenant laws, americans with disabilities act, case law, etc.

Posted by INFOLAWYER 418 days and 21 hours ago.

Answer

I am afraid a lease cannot be broken except as provided in the lease or with landlord consent. That said, if she is unable to access her unit and accomodations cannot be supplied by the landlord, then she can seek to break the lease under the ADA.

http://www.ada.gov/cguide.htm

418 days and 21 hours ago.

Reply

So that I understand this, if she cannot physically live in her apartment anymore (she will move into her daughter's home) because the apartment is not handicapped accessible, she may be able to break the lease under ADA, but would of course be a simplier process to get her landlord to release her from her lease (which won't expire until May 31, 2009).

Accepted Answer

Correct. She should speak to the landlord. The landlord surely would rather let her out and not have to begin accomodating her which would be a much larger expense.

She should consider having a local attorney contact the landlord to make this request so that the landlord realizes the seriousness of the situation and that a release in writing is obtained with all due haste.

Best of luck and please remember to accept my answer so that I get credit.

Accepts:
Expert:	INFOLAWYER
Pos. Feedback:	95.4 %
Answered:	9/30/2008

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Richmond, Virginia

Already Tried:
Researching landlord tenant laws, americans with disabilities act, case law, etc.

Answer

I am afraid a lease cannot be broken except as provided in the lease or with landlord consent. That said, if she is unable to access her unit and accomodations cannot be supplied by the landlord, then she can seek to break the lease under the ADA.

http://www.ada.gov/cguide.htm

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Real Estate Law

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Richmond, Virginia Already Tried: Researching landlord tenant laws, americans with disabilities act, case law, etc.

Answer

I am afraid a lease cannot be broken except as provided in the lease or with landlord consent. That said, if she is unable to access her unit and accomodations cannot be supplied by the landlord, then she can seek to break the lease under the ADA. http://www.ada.gov/cguide.htm

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Related Real Estate Law Questions

Richmond, Virginia

Already Tried:
Researching landlord tenant laws, americans with disabilities act, case law, etc.

I am afraid a lease cannot be broken except as provided in the lease or with landlord consent. That said, if she is unable to access her unit and accomodations cannot be supplied by the landlord, then she can seek to break the lease under the ADA.

http://www.ada.gov/cguide.htm