Can you be released from your house lease if you become handicapped?
We moved into a duplex and one month later my boyfriend became handicapped and has to use a wheelchair. We can’t access the apartment but by the back door with a makeshift ramp and he goes through the neighbors’ yard. He won’t be able to get out this winter because he will sink up in yard when the ground gets wet. Can we get out of our lease since he has become handicapped and can no longer access the house? We live in the state of Kentucky…I say this since all laws vary state to state.
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Tags: Back Door, House Lease, Neighbors
lease property | , 15 Nov 09
By Barry C, November 18, 2009 @ 10:12 pm
if the landlord is required to make a place accessible (and they might be, they made a ramp already) they may need to make sure the rest of the path to the sidewalk (or whereever) is accessible too.
including the inside of the place too.
By joe, November 19, 2009 @ 9:31 pm
I cannot answer for Kentucky specifically, however there are concepts in the law generally. I would approach your landlord and explain the situation. I would try being nice first. Tell him why you need to break the lease and see what he says. Maybe give him thirty days to find another tenant. Be sure you confirm anything that is discussed in writing.
If he turns out to be an A-hole about it, you might start dropping comments like, your only alternative would be to see a lawyer about what rights you may have under the Americans with Disabilities Act to require the landlord to make the property handicapped accessible…that ought to scare him enough to just let you go.
By goz1111, November 21, 2009 @ 11:46 pm
What an unfortunate chain of events, in general under the federal ADA the landlord must make reasonable accommodations for disable people, usually the tenant bears the cost, but in your situation it may be immaterial the cost, since access is only through a neighbors yard which can not be maintained in winter, In my opinion since it sounds like it’s impossible for the landlord to deliver the reasonable accommodations since access is dependent on the neighbor you should be able to terminate lease without penalty
If the landlord balks and implies the neighbor is cool with access, explain to neighbor by agreeing to access they are availing themselves to liability for any injuries sustained while crossing their portion
Talk to a lawyer; see if the ADA has a state resource
By You asked so..., November 22, 2009 @ 8:47 pm
Talk to your landlord and read your lease. Oh yeah, call Americans with Disability office. If the apartment complex cannot accommodate a wheelchair, you should be able to get out of your lease.
Read the ADA