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  1. #1

    Exclamation Accomodation of a Tenant for Disability and Noise

    My question involves landlord-tenant law in the State of: CA
    I am a disabled tenant in an apt. in CA. with lease expiring in in a week. The landlord wants immediate response to avoid late fees. Upstairs tenant has a child that stomps on the floor until midnight which has become unbearable. Prior mgt did little to nothing to resolve issue.

    New manager was notified several weeks ago about issue and never responded. Just received call that upstairs tenant was notified of issue. Mgt. waited so long to respond that lease renewal now due. There are significant increases in rents.

    I therefore requested an accommodation for short while to pay month to month at current rate before locking in new lease. I had surgery and am stuck in regards to the noise. I do not know if their notice to the tenant will render a solution. They have refused any accommodation due to disability nor any acceptance of how their delay has pushed me into a corner to sign or be subjected to late fees. The noise and lack of sleep have caused physical problems. There was no understanding of disability and how noise issue has created an untenantable situation.

    I was offered a 3 month lease at an unafforadle rate. Otherwise to sign a longer term lease at lesser rate although sizable increase. The only reason I am looking for a shorter term is due to the noise on the property. They want a payment within days with lease renewal or they will charge late fees with no acception.

    Feels like I have no rights and that they have accepted no responsibilty. I cannot sign a new lease without knowlege of how tenant responds from notice from mgt. If no difference, I will be forced to relocate when I can with help in perhaps a few months. Alternately, I would like the option of signing a new lease for a longer term which would allow me to relocate within the complex if intolerable noise continues. I do not think they will allow this option. I am absorbing a financial penalty as well as physical and psychological burden for this issue.

    Because time is of the essence and I must give an answer immediately.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Accomodation of a Tenant for Disability and Noise

    There's no "I'm disabled" exception to your obligation to pay your rent on time, or that would prevent your landlord from evicting you for nonpayment of rent. Similarly there's no "I'm disabled" exemption from an otherwise lawful rent increase.

    Read the information on rent increases here.

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