I have been diagnosed with Photosensitive Epilepsy which causes seizures when I'm on the computer. I have had to quit 2 jobs in the past 8 months due to seizures on the job, and now try to freelance from home to bring in my income. I can no longer afford the apartment I'm in because of this, because I can't make enough money with this condition. Can I be released or break my lease without penalty because I now have this disability which has affected my ability to maintain employment? I live in SC. Thanks.

I have been diagnosed with Photosensitive Epilepsy which causes seizures when I'm on the computer. I have had to quit 2 jobs in the past 8 months due to seizures on the job, and now try to freelance from home to bring in my income. I can no longer afford the apartment I'm in because of this, because I can't make enough money with this condition. Can I be released or break my lease without penalty because I now have this disability which has affected my ability to maintain employment? I live in SC. Thanks.



No, inability to pay - which is basically the reason you are moving - is not a legal reason to break the lease.

Have you talked to your landlord, explained the circumstances and asked for a buy out or a simple termination?

Hi, thanks for your reply. If my inability to pay is due to a disability though, that wouldn't be covered by disability law/rights? I haven't yet gone to my landlord because I'm guessing the answer is probably no, I'm just hoping... you would think there would be some leniency due to a medical condition, guess that's what I'm trying to find out first before approaching them.

Hello jujubee:

HE might be lenient and reasonable. Let's hope he is. But the LAW is pretty cut and dried. You signed a contract. He can hold you to it. The escape clause you want to be there, ain't there.

excon

Hi, thanks for your reply. If my inability to pay is due to a disability though, that wouldn't be covered by disability law/rights? I haven't yet gone to my landlord because I'm guessing the answer is probably no, I'm just hoping ... you would think there would be some leniency due to a medical condition, guess that's what I'm trying to find out first before approaching them.


No - as I said, you are leaving because of inability to pay, not because you live on a second floor and can longer climb stairs or something else directly related to your disability. Even then it's not a given.

A lease is a contract; talk to the landlord. Maybe the landlord wants to work things out, maybe not.

I gather you can't do any type of work other than work on the computer at this time -

If you are disabled and have loss of a job due to a documented disability you can be released from your lease. Depending on what state you live in the law allows for a 40 day stay but you have to be current on rent, and completely out of the property. Look up your Tenant's rights in your state.

This is from 2008 - there are more recent threads which could use your input. This person has not been back and presumably has worked things out.

Please post your source for what you posted. I can't find it in SC, which is where the person who asked stated she/he lives.