JustAnswer > Real Estate Law
Ask A Question|Register|Login|Help
JustAnswer

Real Estate Law

Ask a Real Estate Law Question, Get an Answer ASAP!

Have your own Real Estate Law question?

5 Lawyers are Online Now
characters left:
Not a Real Estate Law Question?

Related Real Estate Law Topics:

  • Pay
  • ,
  • Fees
  • ,
  • Land
  • ,
  • Move
  • ,
  • Rent
  • ,
  • Sign
  • ,
  • Time
  • ,
  • Year
  • ,
  • Break
  • ,
  • Court
Bookmark and Share

Question

My parents have lived in the same apartment for over five years. When their lease came up last time, they told the complex that they needed new carpet. The complex said no but that they could move them into another apartment. Unfortunately, my father is handicapped and needs bars and such. The complex said that they would put all of this in for them, but that my parents needed commit and sign a new lease. So they did. After a couple of weeks of waiting to hear when the apartment would be ready, my father called the office and was told that the complex is ADA compliant so if my parents want the changes made, they would have to pay for it themselves. They cannot afford this, so now they have signed this lease and are stuck in the same old apartment. They intended on not resigning the lease until the new apartment was offered. Are they bound to this lease even though they signed it intent on getting the new apartment and the complex renigged on their offer of making it handicap compliant?

Submitted: 328 days and 15 hours ago.
Category: Real Estate Law
Value: $20
Status: CLOSED
+
Read More

Optional Information

Glendale, Arizona

Already Tried:
Nothing. My father is going to contact the ADA to see if there is anything that can be done from that aspect.

Posted by Law Pro 328 days and 15 hours ago.

Info Request

The problem they have is - all matters involving real estate and contracts which are longer than 1 year have to be in writing?

 

Did the apartment complex state in writing that they would make the aparment handicapped compliant?

328 days and 14 hours ago.

Reply

No. Everything was verbal.

Posted by Law Pro 328 days and 14 hours ago.

Answer

Then your parents are going to have trouble - their arguments are violative of the "Statute of Frauds". The Statute of Frauds mandates that contracts involving land and that last for over 1 year must be in writing.

 

Certainly they can make their arguments - that the apartment complex verbally agreed to make the modifications - but it's going to depend upon the Judge if he will allow the oral agreements into evidence. If the Judge does allow the evidence of the oral agreements into evidence - then your parents should and will win.

 

The ADA only applies to "NEW" construction or remodeling of existing structures - as this apartment complex is already in existence and use - the ADA does not apply to them.

328 days and 14 hours ago.

Reply

So, in order for them to break their lease and not pay all of the fines associated with that, they would have to go to court and pay those fees instead?

Accepted Answer

I'm not real sure what your asking in that question.

 

If they break the lease - they are liable for the lease terms (the monthly payment for the full term of the lease) and potentially court costs and attorney's fees.

 

The apartment complex has a duty to mitigate the damages - find someone else to rent the apartment - however, when dealing with large apartment complexes with multiple units for rent, the aparment complex usually shows an apartment in your parents situation last and therefore your parents are usually stuck with paying pursuant to the lease agreement.

 

Picture
Expert: Law Pro
Pos. Feedback: 99.3 %
Accepts: 
Answered: 12/29/2008

Lawyer

19 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.

+
Read More

Related Real Estate Law Questions

  • CAN YOU START LITIGATION AGAINST AN APARTMENT RENTAL ...
  • rental burn total loss how do i handle it on my tax return
  • I spoke with a Mr.Wingo and would like for him to call me .....
  • How do I go about, as an individual, filing an ...
  • The wife constantly harasses my sister-in-law and nephew
  • i am selling a 50% share in some land and i am to be paid .....
  • I have a section 8 voucher for rental. I went to
  • My wife & I own an investment home, my daughter



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.