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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Can I sue a private land lord to review and grant Reasonable

Customer Question

Can I sue a private land lord for denying to review and grant Reasonable accommodation/Lease modification request to end apartment rent lease earlier ( given 30 days notice) for Senior stage 4 cancer patient with medical necessity to move to another apartment because it was no longer safe for her to live in the apartment by virtue of her illness. It appears that Public Housing is obligated by HUD and ADA to accommodate such requests, how about private condo owner /landlord?? Any chance to sue to recover for rent paid after 30 days notice period ??
Submitted: 2 years ago.
Category: Real Estate Law
Customer: replied 2 years ago.
one year lease was ending on July 31, 2015.30 days Notice and request to end lease was sent on June 17,2015
Landlord only agreed to refund rent from the date new tenant got on the new lease - July 27,2015
Is it reasonable to demand rent paid from July 16 to July 31st 2015??
Expert:  CalAttorney2 replied 2 years ago.

Dear Customer,

These types of cases are not straight forward (the landlord has an obligation to review, but not necessarily grant, your request to terminate the lease).

Understand that as the tenant, you are coming at this from the perspective that you believe there is a need to terminate the lease, and there is no other alternative. Your landlord is entitled to a different opinion, and the termination damages that your landlord is seeking are the appropriate measure for damages for early termination (tenant pays rent until a new tenant is located, or until the end of the lease, whichever comes first - and the landlord must make reasonable efforts to locate a new tenant).

This article gives you a good discussion of this exact issue:

While the article suggests hiring a lawyer, I would actually suggest mediation to help you resolve this dispute if you find yourself at an impasse with your landlord. Contact your local bar association and ask for referrals to local landlord/tenant mediators. Oftentimes a third party neutral can help the two parties reach a "mutually agreeable" resolution.