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amaris1008 · Oct 6, 2012, 10:01 AM

I have a tenant who claims to be physically unable to climb the stairs to her apartment. She states that she has documents that she will provide from her Doctor. Am I obligated to allow her to break her lease?

LisaB4657 · Oct 6, 2012, 10:03 AM

Unless her lease gives her the right to break it in this situation then no, you are not obligated to let her. But why not work with her to find a new tenant to take over the balance of her lease and let her out when you get someone new?

amaris1008 · Oct 6, 2012, 10:10 AM

Originally Posted by LisaB4657

Unless her lease gives her the right to break it in this situation then no, you are not obligated to let her. But why not work with her to find a new tenant to take over the balance of her lease and let her out when you get someone new?

There is nothing in our lease agreement that allows this. She signed the lease knowing that we have no plans to be in the house past December since we are building a new home. It's really hard to get this unit rented out for the remainder if this year.

LisaB4657 · Oct 6, 2012, 10:17 AM

Originally Posted by amaris1008

There is nothing in our lease agreement that allows this. She signed the lease knowing that we have no plans to be in the house past December since we are building a new home. It's really hard to get this unit rented out for the remainder if this year.

If she breaks the lease then you have to find a new tenant anyway and you have to sue her for any damages you may have and then try to collect, which is also hard. If you're going to need a new tenant anyway you may as well work with her to find one and you'll increase your chances of having regular rent coming in while you try to get a new tenant.

ScottGem · Oct 6, 2012, 11:06 AM

What does your not being in the house have to do with this? Do you have a buyer? When does the tenant's lease expire?

amaris1008 · Oct 6, 2012, 11:15 AM

Originally Posted by ScottGem

What does your not being in the house have to do with this? Do you have a buyer? When does the tenant's lease expire?

The tenants lease expires the end of Dec.

We live in a townhouse that has a detached garage with a apartment above. We live in the TH and she rents the garage apt from us. First of the year we move to a new home and the new owners of the TH do not plan to rent the garage apartment.

Fr_Chuck · Oct 6, 2012, 06:48 PM

And how many stairs, is this a 2nd floor, or a 4th floor, how many stairs do they have to go up.

Legally, no you do not, if this is like stairs into the front door, ( two or three stairs) it may be within her rights to ask you to install a ramp, if there is real documents, that says she can not.
Her exact medical condition and what type of and how many stairs may make some bearing.

If she is now in a wheel chair and this is a second floor, she may not legally have the right to break the lease, but honestly, how do you think a judge will rule on this, with her sitting in a wheel chair,
And if you win, do you think your photo on Yahoo news or the city news showing how you are forcing a lady in a wheel chair live in a second floor apartment.

Sometimes doing the right thing is not alwas the same as the legal thing.

I would want to see and review the documents from the doctor, and maybe get her to sign a release and even send a form to the doctor if the paper work is not clear.

ScottGem · Oct 6, 2012, 07:50 PM

So the bottom line os that you are going tp lose 2-3 months rent. Is it worth figting for?