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LegalKnowledge, Attorney
Category: Employment Law
Satisfied Customers: 27564
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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In April, I moved to an apartment in Avondale. In May, I was

Customer Question

Good morning. In April, I moved to an apartment in Avondale. In May, I was in a car accident and hospitalized for 3 weeks, then in physical therapy. Just now am able to walk 10-15 minutes without pain. However, I am not able to stand for more than that and my job training in the past is hotel receptionist, retail, and real estate. (In July, I accepted a job that allowed me to sit, but was let go after 7 weeks as the job and I didn't fit.) I realized that I am not able to return to the hotel work that I love as it means standing behind the front desk, so would like to return to California and live with my son as that allows me to be able to live on the social security that I receive. I got a letter from my doctor that said I lost my job and have to move "secondary to medical reasons" but my apartment manager basically said 'tough, you have to pay the penalties' which amount to about $2000. With no job and having moving expenses, I am not able to do that and if it goes to collections, there goes what credit I do have. Is there any recourse?
Submitted: 1 year ago.
Category: Employment Law
Expert:  LegalKnowledge replied 1 year ago.

Good morning. I am sorry to hear about everything you have gone through and are dealing with now. In order to walk away and break the lease, without penalty, there needs to be a legal basis to support it. The loss of your job and income and desire to relocate with your son, is not a basis to break the lease. If your disability now required certain accommodations under the ADA and the landlord could not or failed to provide them, then you could certainly have a legal basis to vacate. However, if that is not necessarily the case and this is more financial, then physical. you need to present the landlord with a counter offer. You may want to offer $1000 and explain to the landlord that you have no additional income and with only SS, even if he sues and gets a judgment, he will not likely be able to collect if that is your only source of income, so it is better if he gets something now, rather then nothing and starts showing and tries to rent this, so there is no gap in the occupancy.

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Expert:  LegalKnowledge replied 1 year ago.

Do you have anything to offer the landlord to try and settle this?

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