Legal Question in Landlord & Tenant Law in Texas

tenant has become disabiled

I live on the 3rd floor of an apartment building. I am in good health, and have no problem going up the stairs (am in the middle of a 1 year lease). However, I have a cartilage/ligament problem in my knee. I am in the middle of getting diagnostic tests, and the orthopedic surgeon is amassing info to determine what the best course of action is (arthroscopic surgery probably). This will incapacitate me for a few months probably, certainly from going up a couple of flights of stairs. I told my landlord about this, asking if they had a first floor apartment of the same size. They said YES. However, there are all of these little rules attached to the move---new animal deposits, change in rent, etc. Can they add on all of these things?


Asked on 12/29/03, 7:12 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: tenant has become disabiled

Since you are already in the middle of a lease, the landlord is not required to let you out of it. They are being accommodating by allowing you out of the lease and to enter into a new lease. They are allowed to make whatever conditions they deem necessary for the new lease. If you are ending one lease, though, they will have to refund the security deposit and animal deposits from that lease (unless lease makes in nonrefundable).

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Answered on 12/29/03, 9:56 pm


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