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    floridapalms's Avatar
    floridapalms Posts: 1, Reputation: 1
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    #1

    May 25, 2014, 07:46 AM
    Can I break my lease in Florida due to medical disability
    I have been renting a condo directly from the owner for over 2 years. We had initially signed a two year lease. Before our 2 year lease was up, we signed another 6 month lease since we could not find a suitable place to move to. I became disabled while after living around one year in the condo, received SSI monthly disability checks and I am on medicare. After we signed the new 6 month lease, but around 25 days before it would begin, we found a place to move into that can accommodate my disabilities, (can't walk up stairs without pain and further damage to my hips, legs and knees). At first, our Landlord said we could move, but then told us if we did, he will keep our $2100 deposit. Since the lease had not come into force yet, could we have moved and still kept our deposit? I also found out during the first week of our new 6 month lease that I need 2 surgeries which would make using the stairs even more difficult and asked the landlord again if he would let us move. I also told him I would show the condo and find replacement tenants for him. The landlord still refused to let us move so I had no choice but to postpone my surgeries, which is harming my health further.
    Next issue: We have been asking the landlord for months to fix the kitchen ceiling light that either has an electrical short or needs a new ballast. I have cataracts in both eyes and have difficulty seeing to cook. The landlord refuses to fix the large ceiling light fixture and told us to by a lamp. Also, when our air conditioning recently quit working, the repairman showed us that the unit was very dirty and needed to be cleaned and that we were breathing dirty air. I have had constant sinus infections since living here, but the landlord keeps ignoring our requests to have the air conditioning unit cleaned. How can we force the Landlord to fix these two items? Can we break or lease if he does not fix them and still receive our $2100 deposit returned? At once point, the landlord said he would fix the items, but deduct the costs from our deposit - can he do this?
    Most important issue: I have two pending surgeries and already can not walk up our outside stairs without great pain and further damage to my legs, knees and hips due to my medical disabilities. I asked our landlord if he will let us move and receive our deposit back once we find a suitable place to move to and he of course, flatly denied our request to move. He wants to keep our $2100 deposit and we can't afford to let him. PLEASE HELP! ANY ADVICE APPRECIATED.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 25, 2014, 10:44 AM
    OK, first, the landlord is within their rights to keep your deposit. Since you signed a lease, even though it hadn't taken effect, it was, in effect an extension of your current lease.

    And no, you cannot break the lease on medical conditions.

    However, the landlord is required to provide a habitable premises. If the light fixture is a permanent fixture, they are required to fix it. I'm assuming we are talking about a central AC unit. Which would mean the landlord is responsible for maintenance.

    So I would have someone from the local health department come in and test the air. They can then require the landlord to fix it. Or, if you want to break the lease, send the landlord a letter stating that because of your health issues, you need to move. If he does not allow you to move without penalty, then you will be forced to call in the local health and building departments about the unsafe and inhabitable conditions that prevail.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 26, 2014, 04:51 AM
    The landlord only has to do those changes that is financially feasible. For example you can not require him to put a lift or at times even a wheel chair ramp in, the cost is too much and normally the landlord has not been required to provide such things.

    No you can not break the lease for medical reasons.

    If the items not working are part of the rental and are either normally supplied or listed in the lease, then you can require that they be fixed,

    Florida in fact, the landlord can require and sue you for every payment in the lease, if you move out. Florida is very landlord friendly.

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