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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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my son has arthrogryposis, no muscles in arms and has very

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my son has arthrogryposis, no muscles in arms and has very limited use of arms and hands.. he goes to college, and he moved in to an apartment. they did not show him the actual apartment but a model and said it was accessible. After moving in, he had great hardship, the cabnits were too high, not reachable, and the height of the countertop was high, no grab bars in bathtub, ect. he had extreme difficulty and I moved him out at the first of the month. His lease was not up til July and they are threatening me. I could not bear to leave him there any longer. I had to go and help him weekly. They say they met the guidelines but I disagree. Do I have a case to get him out of this lease

Thank you for your question.

While the ADA requires that new construction meet ADA guidelines, when you lease an apartment which does not meet these guidelines, the landlord does not bear the responsibility to update the apartment for you.

The ADA and the Fair Housing Act only prohibit landlords from discriminating against you because of disabilities and require them to make reasonable accommodations for your disabilities. They do not, however, require that they at their expense update their apartments to suit your disabilities.

In your situation, the law will say that you (or your son) had the opportunity to inspect the apartment before renting it and could have determined that it did not suit your son's needs. You chose to rent it regardless and cannot breach the lease now.

Your best bet will be to plead with the landlord to be reasonable and let you out of the lease, or allow you to find someone to take your place in the apartment and take over the lease.

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