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Question

My husband is disabled as follows- both legs amputated ,diabetic,takes dialysis, and has a heart condition. The apartment we are in is blowing a tremendous amount of heat (heat is off) from the vents in all rooms,all day and night. I called the building office and asked why this is happening? I was told pipes are running up the walls and when my neighbors use their heat/water we unfortunately will get the heat and there is nothing that can be done. They sent maintenance up and a piece of plastic surrounded by tape was put on the vents. we live on the 3rd floor. I think this is unfair because I've already had to take my husband to the emergency room due to shortness of breath caused by this heat.My daughter lives next door and is not getting any heat. The management here is very rude and uncaring about this situation. I'd like to know if there are any options I have regarding this situation.We have to sleep at my daughter's apartment to get away from this heat.He has a very bad heart.

Submitted: 17 days ago.
Category: Legal
Value: $28
Status: CLOSED
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Optional Information

State/Country relating to Question: Illinois

Already Tried:
talking to management and the Corporate office regarding this situation.Was told there is nothing that can be done about this,because will be needing heat in a few days anyway.. I feel this is unacceptable treatment for anyone..especially a disabled person.

Posted by DCrane 17 days ago.

Answer

You do have recourse here, if there are other comprable units available in the complex that would not subject your husband to the heat, the management company has an obligation to place you in one of those other units.

17 days ago.

Reply

The management company has said there is nothing they can do. Should I call the management company to verify if other apartments are available? If not, can a lease be broken due to medical reasons? please help. Thanks

Accepted Answer

Yes, you should contact the management office to learn if other similar units are available, and if so, request the transfer.

 

If no similar units are available, you would need to notify the management in writing of the fact that you are breaking the lease for previously disclosed medical conditions. Technically, you would be breaching the lease and the landlord could come after you for damages, but given the circumstances it is unlikely a judge would compel you to pay through the lease term given the facts.

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 
Answered: 11/5/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

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