I am currently living in an apartment that is on the second floor. To get to my apartment you must go down 8 steps, across the sideway and then up about 16 steps. I have been in there a little over a year and my lease has been renewed until next June.

The problem now is that I have a bad leg. I have arthritis and nerve damage due to Diabetes. My doctor said I would need to get a knee transplant soon.
Going up and now the stairs is very painful for me now. I also have dogs that have to be taken out often.

Is it possible to get a statement from my doctor advising me to move out of the apartment? Would that give me grounds to break my lease?

Thanks,

Hello efalco:

I have never seen a lease or a landlord tenant law that allows one to break a lease due to medical reasons. What state are you in? I'll check.

However, I can't see them denying your request based upon humanitarian grounds. They're going to look awfully heartless if they sue you. And, if you can't do stairs - you can't. Make sure that they know that if sued, you'll call the TV news. Sure, get a statement from your doctor and submit it along with at least 30 days notice. Send it certified, return receipt requested.

Of course, this is a request you're making, not a right you're demanding. I would phrase my letter accordingly.

excon

Another thing you can do if they don't let you out is ask that they put in a stairway lift. Under Disability laws they MAY be required to do so.

I am in the State of Texas.

Ask your doctor for a letter on your "handicap" and ask to be allowed to move to a ground floor apt or to move. This may well be deemed a "reasonable accommodation" which your landlord is required to do for you.

This is one I work on all the time, if you are classified handicap, and you need specific modifications done to allow you use, Yes it can be used to break or lease or force them to move you ( within a reasonable amount of time) to a handicap accessible apartment.

I work with people going into wheel chairs every day, and I have seen the people force the apartment management to move to an apartment where they can get in and out with their wheel chairs ( or build ramps for them on ground floors) If you live in an apartmetn that works closely with HUD or with another government program, those programs watch them close for complaints on discrimination.

If no apartmetns become available within a few months they should have to allow you to break your lease and move.

The level of your disability will be the factor