Legal Question in Real Estate Law in Iowa
break the lease for some reason
My husband is in a wheelchair and we have been looking and waiting for an accessible home or apartment while we live in not an accessible apartment. Last weekend we got a call that we got the accessible place and is holding that place till we can move in.. We tried to explained to the landlord of where we live now that we need to break the lease because of accessible place. The landlord dont see that way.. said we need to find someone else to replace us till lease is over. we don't know anyone who wants to pay that much for that apartment. Can we have the right to break that lease and get the deposit back? We are calling and looking for someone like a lawyer to help us out. If we dont move out, then we will lose that accessible place. It is not fair.
2 Answers from Attorneys
Husband in a wheelchair
Tell the landlord that unless he excuses you from the lease, you will sue him in Federal Court for a violation of the Americans with Disabilities Act (ADA) by reason of his refusal to make reasonable accomodation for a disabled person.
Also, send e-mail to mailto:[email protected] with a copy of your message. His son is a 30 for 30 litigator in your locale.
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Handicapped Fair Housing
Under fair housing laws, the landlord may have an obligation to makeyour current apartment handicapped accessible. Check to see if yourstate has laws of this nature. If your landlord is faced with the choice ofspending money to accommidate you or letting you out of your lease, hewill probably let you out.
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