Legal Question in Real Estate Law in Florida

Duty of Landlord to Handicapped Tenant

Apartment complex has no provision for storage of bicycles. In addiion to outside parking areas there are a limited number of individual enclosed garage units that tenants can rent. Tenant suffers from osteoporosis and recently incurred a stress fracture in foot with poor recovery prognosis. Because of other health problems, tenant's exercise alternatives are limited. Physician strongly recommemds a tricycle (not a stationary bicycle). Tenant does not rent a garage because the units are too small for tenant's car. Does landlord have duty to provide garage unit to store tenant's tricycle at no cost to tenant since there is no other provision for bicycle or tricycle storage?


Asked on 1/20/99, 5:34 pm

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Re: Duty of Landlord to Handicapped Tenant

Q: Does landlord have duty to provide garage unit to store tenant's tricycle at no cost to tenant since there is no other provision for bicycle or tricycle storage?

FACTS: Apartment complex has no provision for storage of bicycles. In addiion to outside parking areas there are a limited number of individual enclosed garage units that tenants can rent. Tenant suffers from osteoporosis and recently incurred a stress fracture in foot with poor recovery prognosis. Because of other health problems, tenant's exercise alternatives are limited. Physician strongly recommemds a tricycle (not a stationary bicycle). Tenant does not rent a garage because the units are too small for tenant's car.

A: Landlord has to accomodate handicapped. Allow access to all facilities. I do not believe this means free storage for physical therapy appliances/devices. Check with county code enforcement office to see what are requirements for bicycles in apt. complexes.

William W. Fernandez

William W. Fernandez, Attorney at Law

250 Panama Road East


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Answered on 1/29/99, 2:17 pm


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