WORLD Law Direct Forums
Home > WORLD Law Direct Forums > REAL ESTATE & PROPERTY LAW > Landlord vs Tenant Issues > Termination of Lease due to medical reasons; My doctor gave me orders

Termination of Lease due to medical reasons; My doctor gave me orders

This is a discussion on Termination of Lease due to medical reasons; My doctor gave me orders within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I recently got into a 12 month lease at the end of Jan of this year. I need to move ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Mar 11th, 2011, 06:26 PM   #1
Junior Member
Country:  
myabacon's Flag is: United States
 

myabacon's Avatar
 
Join Date: Mar 2011
Posts: 1

Default Termination of Lease due to medical reasons; My doctor gave me orders

I recently got into a 12 month lease at the end of Jan of this year. I need to move due to medical reasons. My doctor gave me orders to move in with my friend because I am no longer allowed to live alone. I do have a service dog and they do know about her and have a letter from my doctor. My contract is pretty air tight. I spoke with some people and this is what I am thinking about doing....

#1 write a letter to the managers explaining the situation and giving a 30 day notice
#2 finding a replacement to occupy my apartment (not subleasing) so they won't loose any money on rent, and they will sign a 12 month lease.

I hope that this can insure I get my security deposit back, because there should not be any reason for them to keep it?

Does this sound possible? They already know I have a disability. Does the ADA cover this? I have been looking and not sure if it talks about this type of situation.
myabacon is offline   Reply With Quote
Sponsored Links
Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.
Old Mar 12th, 2011, 04:30 AM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 15,927

Default Re: Termination of Lease due to medical reasons; My doctor gave me orders

I wish to inform you that laws of your state and your lease agreement will determine your rights to terminate lease. In this regard generally a person is not allowed to terminate lease. In case you terminate lease then you may be liable for any loss which the landlord suffers because of your termination. In this landlord must make efforts to reduce his losses and find a new tenant.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Mar 12th, 2011, 10:03 AM   #3
Top Level Member
Country:  
sunlover's Flag is: United States
 

sunlover's Avatar
 
Join Date: Dec 2008
Location: USA
Posts: 2,102

Default Re: Termination of Lease due to medical reasons; My doctor gave me orders

You need to discuss your situation with Landlord in hopes to resolve this in a manner that satisfies both of you. The lease is a binding contract. You do have option to sublet (if landlord approves) but your deposit will no tlikely be refunded until sublettor ends his/her tenancy on your lease term. Again it simportant you talk to landlord and reach an agreement and get that agreement in writing
sunlover is offline   Reply With Quote

1 out of 1 members found this post helpful. Did you find this post helpful? Yes | No
Old Mar 12th, 2011, 11:52 AM   #4
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Termination of Lease due to medical reasons; My doctor gave me orders

Quote:
Originally Posted by myabacon View Post
I recently got into a 12 month lease at the end of Jan of this year. I need to move due to medical reasons. My doctor gave me orders to move in with my friend because I am no longer allowed to live alone. I do have a service dog and they do know about her and have a letter from my doctor. My contract is pretty air tight. I spoke with some people and this is what I am thinking about doing....

#1 write a letter to the managers explaining the situation and giving a 30 day notice
#2 finding a replacement to occupy my apartment (not subleasing) so they won't loose any money on rent, and they will sign a 12 month lease.

I hope that this can insure I get my security deposit back, because there should not be any reason for them to keep it?

Does this sound possible? They already know I have a disability. Does the ADA cover this? I have been looking and not sure if it talks about this type of situation.
People tend to confuse business with personal matters. Renting is a business. Landlords are in business to make money by leasing their property to tenants. It is not their obligation or responsibility to let everyone off the hook due to medical reasons or any other reasons.

The landlord can retain the security deposit if you breach the lease. You must negotiate with your landlord, but be warned that he/she is under no obligation to let you out of your lease early - no matter what the reason.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 3rd, 2013, 07:45 AM   #5
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Termination of Lease due to medical reasons; My doctor gave me orders

Sorry folks! You all are incorrect with your answers. It's called a reasonable accommodation and does not penalize the tenant as long as he or she has a doctor's letter verifying the need to move. Look it up.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 3rd, 2013, 11:50 AM   #6
Top Level Member
Country:  
Disagreeable's Flag is: United States
 

Disagreeable's Avatar
 
Join Date: Oct 2012
Posts: 7,684

Default Re: Termination of Lease due to medical reasons; My doctor gave me orders

It is not reasonable to the landlord as it has the potential to deprive them of several months rent that was contracted for. A reasonable housing accommodation must be granted AT THE EXPENSE OF THE TENANT.

Quote:
Originally Posted by Unregistered View Post
Sorry folks! You all are incorrect with your answers. It's called a reasonable accommodation and does not penalize the tenant as long as he or she has a doctor's letter verifying the need to move. Look it up.
__________________


Due to a recent promotion, I should now be referred to as Major Obvious.

I would not be trying to provide information and knowledge if I did not sympathize.


"Hello, my name is Inigo Montoya, you killed my father, prepare to die."

Last edited by Disagreeable; Sep 3rd, 2013 at 03:19 PM.
Disagreeable is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 3rd, 2013, 12:11 PM   #7
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 10,779

Default Re: Termination of Lease due to medical reasons; My doctor gave me orders

Quote:
Originally Posted by myabacon View Post
I recently got into a 12 month lease at the end of Jan of this year. I need to move due to medical reasons. My doctor gave me orders to move in with my friend because I am no longer allowed to live alone. I do have a service dog and they do know about her and have a letter from my doctor. My contract is pretty air tight. I spoke with some people and this is what I am thinking about doing....

#1 write a letter to the managers explaining the situation and giving a 30 day notice
#2 finding a replacement to occupy my apartment (not subleasing) so they won't loose any money on rent, and they will sign a 12 month lease.

I hope that this can insure I get my security deposit back, because there should not be any reason for them to keep it?

Does this sound possible? They already know I have a disability. Does the ADA cover this? I have been looking and not sure if it talks about this type of situation.
What you propose sounds reasonable. Landlords like to keep their places rented. So if you approach the landlord with your dilemma, there is not a 2-bedroom available for you to move into with another person, then the landlord's approval of a replacement, someone to take over your lease or enter into a new one for your apartment is a win-win situation for all concerned.

When one takes over a lease, they put up the deposit, either with the landlord or exiting tenant.

My recommendation is that you give the above a try for it is a not uncommon situation and most landlords would rather see another party take over a lease than have it vacant for a month or more to find another.
Friend In Court is offline   Reply With Quote

1 out of 1 members found this post helpful. Did you find this post helpful? Yes | No
Old Sep 3rd, 2013, 12:35 PM   #8
Veteran Member
Country:  
gail in georgia's Flag is: United States
 

gail in georgia's Avatar
 
Join Date: Sep 2012
Posts: 385

Default Re: Termination of Lease due to medical reasons; My doctor gave me orders

Anyone realize the OP question is over 2 years old? I'm not sure why some posters drag these olds posts back up.

Gail
gail in georgia is offline   Reply With Quote

0 out of 1 members found this post helpful. Did you find this post helpful? Yes | No
Old Sep 3rd, 2013, 12:38 PM   #9
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 10,779

Default Re: Termination of Lease due to medical reasons; My doctor gave me orders

Quote:
Originally Posted by gail in georgia View Post
Anyone realize the OP question is over 2 years old? I'm not sure why some posters drag these olds posts back up.

Gail
(turning red). Thanks for bringing our attention to it.
(smacks typist)
Friend In Court is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Sep 3rd, 2013, 03:20 PM   #10
Top Level Member
Country:  
Disagreeable's Flag is: United States
 

Disagreeable's Avatar
 
Join Date: Oct 2012
Posts: 7,684

Default Re: Termination of Lease due to medical reasons; My doctor gave me orders

Quote:
Originally Posted by gail in georgia View Post
Anyone realize the OP question is over 2 years old? I'm not sure why some posters drag these olds posts back up.

Gail
I was just correcting the laggard from the peanut gallery.
__________________


Due to a recent promotion, I should now be referred to as Major Obvious.

I would not be trying to provide information and knowledge if I did not sympathize.


"Hello, my name is Inigo Montoya, you killed my father, prepare to die."
Disagreeable is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
ada, lease, medical, security deposit

This thread has 15 replies and has been viewed 3919 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Getting over... I fell behind due to medical reasons stewartjrtroy Landlord vs Tenant Issues 3 Dec 13th, 2013 05:31 PM
need to break apartment lease due to medical reasons mediclyneedout Landlord vs Tenant Issues 4 Feb 2nd, 2012 02:21 AM
Breaking lease due to medical and other reasons; My doctor is cardiologist Unregistered Landlord vs Tenant Issues 4 Jun 28th, 2010 02:39 PM
Tenant breaking lease due to medical reasons - CA Unregistered Landlord vs Tenant Issues 4 Jul 19th, 2009 11:10 AM
Can I break my lease for medical reasons? Unregistered Landlord vs Tenant Issues 2 Aug 16th, 2008 08:13 PM


Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.


All times are GMT -5. The time now is 11:58 AM.