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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default What Happens if You Become Disabled After Moving Into an Apartment

    A tenant leased an upstairs apartment in a building that has no elevator. During the second month of tenancy the tenant suffered a back injury that is disabling, and the tenant is no longer able to go up and down the stairs to the apartment. The tenant needs surgery, but that may not cure the problem. What are the tenant's rights in relation to the apartment, and can the tenant break the lease?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: What Happens if You Become Disabled After Moving Into an Apartment

    The tenant should start by discussing the situation with the landlord, and possible options (such as moving into an accessible apartment, if available).

    The tenant can propose physical modification of the building to facilitate access, and reasonable modifications can't be refused, but the landlord may require the tenant to pay for the modification and also to ultimately pay for the restoration of the premises at the end of the tenancy. If, as is often the case with upstairs units, modification of the building so as to allow the tenant access would be prohibitively expensive, the tenant may have the right to escape the lease under the federal Fair Housing Act. (Read this.) If you want to go in that direction, given the limited case law on the issue, I suggest trying to get help from a lawyer or advocacy group.

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