Lease break

> Ask A Lawyer:
> Country: United States of America
> State: New York
>
> My wife is disabled and has cp, and has very little use of her left hand.
> I have been recently been promoted at my job, and now I am required to be
> on call one to two times a month for 24 hours a day 7 days a week.
> Sometimes I am out all night long leaving my wife home alone. Since she
> has limitations, she does need someone there to help her with certain
> things or if there is an emergency. We have found a place that is close to
> our family, and she will have 24 hour access to them when I am working. We
> have sent a letter from her doctor to our lanlords, stating that she
> requires 24 hour access to our family. They still will not let us out of
> our lease. What can we do?
>
>

You do not require access to your family 24 hours a day. There is no medical reason to move to family. (IMO -This was irresponsible of a doctor to have written this.) Your job has changed, not her condition. You may require an aide to care for your wife while you are away at work. That aide can be obtained and provide care at your current residence. You do not need to break your lease. The LL will, no doubt, allow an aide as a live-in or a part time occupant for this care. Unless he refuses to allow this and to make this reasonable concession for her disability, you cannot terminate a lease because of a change in your job.

Originally Posted by Unregistered You do not require access to your family 24 hours a day. There is no medical reason to move to family. (IMO -This was irresponsible of a doctor to have written this.) Your job has changed, not her condition. You may require an aide to care for your wife while you are away at work. That aide can be obtained and provide care at your current residence. You do not need to break your lease. The LL will, no doubt, allow an aide as a live-in or a part time occupant for this care. Unless he refuses to allow this and to make this reasonable concession for her disability, you cannot terminate a lease because of a change in your job.

You are a real *******. You have no idea what my life is like. You don't know where I work or what my wife's disability is. It is irresponsible of you to judge me and tell me how my life works. Go to hell!

I'm sorry you don't like the answer you have received. But you have no legal right to break a lease because they have changed the hours on your job, no matter what type of job it is. I have sympathy for you and your wife, but that doesn't change your rights under the law. If you break your lease, you will owe rent until it is re-rented, advertising costs, agent fees, unpaid utilities if there are any, and other un-reimbursed costs.

In order to use the ADA to break a lease, you have to ask for special accommodations to the unit. The LL has to grant those if they are reasonable. You are responsible for the cost of any accommodations. If the accommodations are granted, you cannot break the lease.

In your case, the special accommodation that would be reasonable would be to have an aide available to help your wife while you are away. Ask the LL if he would allow that. If so, you cannot break the lease. If not, you have an out and can break it without penalty.

The only other way out would be to negotiate a lease break with the LL. Many LLs will allow a tenant out of a lease for a fee. If he grants this, get a letter that states you have no other obligations under the lease.

[sandyclaus]

A note to OP:

I understand that you need to work to support your wife. I also realize that sacrifices need to be made for you to do that. One such sacrifice is committing to a job that leaves your wife unaccompanied for long periods of time.

While it may be PREFERABLE for you and more comfortable for her to have family members available to care for her in your absence, that is certainly not the only option. This is why moving & breaking your lease without consequence is not something the LL is willing to do.

It's not a REQUIREMENT for her care that she move closer to the family, just something you would rather do instead of hiring someone. If that is your choice, then this is yet another decision that entails sacrifice on your part. You would have to sacrifice financially to cover the rent on this apt until the LL can find a new tenant to take your place.