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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Real Estate Law
Satisfied Customers: 4385
Experience:  Extensive experience and training in real estate matters.
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We relocated here last June in Memphis, TN. We signed a two

Resolved Question:

We relocated here last June in Memphis, TN. We signed a two year lease. I was diagnosed with peripheal neuropathy (unindenfied as to why I have it) in my hands, feet, and neck. I also have fibromyalgia. Lastly I have rheumatoid arthritis. I recently had to go into a wheel chair and I also have to use a handicapped toilet, and I need to use a shower chair. My ability to function with out a wheel chair and handicap items in my home, now make where my husband and I live impossible. Can we legally break our lease due to these medical neccessities.
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  J.Hazelbaker replied 4 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

The federal Fair Housing Act requires that landlord make "reasonable accommodations" for tenants with disabilities. If the landlord cannot make the physical/structural changes necessary to accommodate your disability, then you may have a right to terminate the lease early without further obligation.

J.Hazelbaker :

You should first make a written request for the landlord to accommodate you by taking specified steps (e.g. build a wheelchair ramp). In the alternative, you can ask that you be released from the lease based on the landlord's inability to so accommodate you.

J.Hazelbaker :

If the request is "reasonable", the landlord has to grant it. In determining whether it is "reasonable" or not, the court looks at the following factors:

J.Hazelbaker :

In determining reasonableness, the landlord may consider the following: (a) the likelihood of filling the vacancy given vacancy rates in the area/building; (b) any particular characteristics of the dwelling that make it desirable or undesirable; (c) the amount of time remaining on the lease term; (d) the size of the owner’s business; and (e) the owner’s overall resources.

Customer:

Thank you so much!!! All they have to do is widen every door way for my wheelchair, put in a ramp and a handicapped toilet, fix the shower!I am guessing that is NOT going to happen.

J.Hazelbaker :

Again, your request should be in writing and should be hand delivered or, better, mailed via Certified Mail Return Receipt Requested so that you can prove they received it.

Customer:

ok and thank you again.

J.Hazelbaker :

I agree.

J.Hazelbaker :

You are welcome. Good luck.

Customer:

we will do this. Have a wonderful day!!

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

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