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Breaking a lease due to medical conditions.
Anonymous3 views1 answers
I signed a 1 year lease for an apt
and then I thought I signed a tenant
at will lease when that first year one was up---I hae Fibro and there are 3 long fights of stairs here. I have the chance to move into a place that is all one level living---if I get a doc note
about my medical condition, can I legally break my lease without having to pay if I still give the proper 30 day notice? It hurts me physically to live here. The other place would cost more per month but worth it if I don't
have to walk up and down flights of steps all day. I have flare ups mostly in the winter that are severe at times.
This will depend on whether you are a tenant at will or in a new one-year lease, which is unclear from your question. If you are a tenant at will, then you can simply give your notice and relocate. If you are in a new one-year lease, however, it is not so easy. Your lease is a contract, and it defines the rights and duties of you and the landlord. I am not aware of any law that would prevent the landlord from enforcing the terms of the contract based on your disability, even if you have a doctor's note. Common decency, however, should lead the landlord to work with you around the issue. Have you tried speaking with the landlord, or the landlord's agent? If you give the landlord enough notice and assist the landlord in re-renting the apartment (by keeping the unit tidy and accommodating showings to prospective renters) then you might be able to reach a solution where you get to move out without paying a huge penalty, and the landlord gets to find a new tenant without losing much rent. Good luck.
