[krogers45]

I am asking this for a friend, she has a special needs daughter (diabetic, bipolar, mildly mentally disabled, and has a lot of psychological problems from sexual and physical abuse from the time she was born until she was 2 and my friend got custody) When they moved into their apartment, she was told that they only had a 2 bedroom unit with a den available, but she would be number 3 on a waiting list for the first 3 bedroom available so that her two girls and one boy aren't sharing a room especially since it's not conducive to her disabled daughters condition. Since she has moved in she was told that she would have to live there a year before she was even eligible to move into a 3 bedroom. Her daughters condition is getting worse, she is stealing food in the middle of the night, and she certainly can't lock all three kids in the "bunk room" at night because of bathroom needs, she normally would put an alarm on her daughters door so that they know if she is wandering. But her other two children get up to use the bathroom at night and the alarm wakes up the entire house, which is not condusive to anyone's health! She has letters from her daughter's therapist saying that she can no longer share a room with the other children, for fear of their safety and due to her diabetic needs and issues. Would this give her enough medical reason under the Fair Housing Act to negate her lease?

[Fr_Chuck]

Of course ideally she should not have agreed to a long term lease or even accepted an apartment that was not correct to start with.

This would be the hardest part to explain to the judge as to why after
(how many months) that the apartment was OK, but now is not.
Can they show with medical records that this illness has progressed a lot worst over this period.

Next I would address the issue of being on the waiting list. Who told them they were on the list, do they have this in writing.

I would look more at breach of contract on the apartment owner by refusal keep this agreement. Is a larger apartment the correct size coming up??

Next in the end, who cares if they break the lease or not, if for the safety and well being of your children you have to move, then give a notice, and move. Let the legal issues fall where they will.

You can defend yourself if the apartment owner sues but you can not let a lease effect your choice on the well being of your family.

[krogers45]

They are definitely moving, but wanted to see if they had enough evidence to get out of the lease without legal reprocussions. I have advised her to talk to JAG since they are military. Thank you for you help!

[sandybrunette]

I was recently dianosed with cancer. I have ne medical leave or insurance therefore no income will be coming in to cover rent. UI will pay me between 44% and 50% of my wages. I'm lucky to clear $450. Per mth. I wish to reside with son. It is my only option. I wanting to give 1 months notice. Is there anyway I can
Achieve this. Please help

[JudyKayTee]

You put your request to be let out of the lease in writing. Expect to have to pay until a new tenant is found - if the landlord is sympathetic and agrees to let you out of the lease.

I know it's unfair but legally this is an "inability to pay" matter and the landlord does not have to let you out.