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My apartment complex is less than 2 years old. Been here…

Customer Question
My apartment complex is...

My apartment complex is less than 2 years old. Been here since day one. They don’t provide disability parking. Is this grounds to get out of my remaining lease?

Lawyer's Assistant: Can you tell me what state this is in? And do you know who owns the lot?

Rock Hill, SC. Looking for the name of company.

Lawyer's Assistant: Has any paperwork been filed?

I sent them an email asking why this new building doesn’t have provided disability parking. Response was that they gave me the number to the City of ROck Hill.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Our parking is in a lot. 50+ yards from building. I can’t find who owns this building. It’s called My Niche Apartments out of Charlotte NC.

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 1 hour by:
12/3/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. Generally, to get out of a lease agreement, the other party has to do something that is in violation of the lease agreement. For instance, if the landlord failed to provide running water or if the landlord failed to eradicate pests, that'd be a reason to terminate the lease. The Americans with Disabilities Act (ADA) requires that a building owner maintain premises in a way that is accessible to those with special needs. Usually, the punishment for this is a fine by the government and direction that they must make the accommodations as necessary. In your case, it is probable that you wouldn't be able to get out of the lease because of this unless the lack of parking has caused such a hardship that it is not really possible for you to access your property. Thus, it's a factual call that only a judge or a jury would be able to tell you for sure on; however, it is possible that you would have grounds, but in my legal opinion it is probable that a judge would find in favor of the landlord. My recommendation would be to make a complaint to the housing division of your state government. What other questions did you have for me today?

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