Legal Question in Real Estate Law in Texas
Break Lease due to Pregnancy
I am currently 6 months into a one-year lease. I am also 3 months into a 9-month pregnancy. I am happy with my apartment, but I am living on the 3rd floor and am afraid the bigger I get, the harder it will be to get up and down the stairs. (I have fallen before). There is no elevator. I have asked my landlord about a downstairs apartment, but they claim only to have a more expensive model available that I cannot afford. I don't want to break my lease, but I think I need to because I feel like I am putting mine and my unborn child's health at risk by not moving as soon as possible. I want to move out now before I get too big and the weather gets colder and possibly icy. I need advise, I don't want to ruin my credit or get sued. What am I liable for? Am I protected due to my short-term handicapp? Doesn't the landlord have to try to do something to accomodate me reasonably? Help!!!
1 Answer from Attorneys
Re: Break Lease due to Pregnancy
Probably, technically, the landlord doesn't have to agree to accomodate your changed circumstances and you are bound by the terms of your lease.
Write to them, explain your circumstances, and keep a copy. Ask for consideration for your safety. If you get no satisfactory response, write to them again, keeping a copy, and explain that you would rather not have to go to the government to pursue your rights under the Americans with Disabilities Act [ADA]. It may work, and if it doesn't, consult a lawyer about your rights under the ADA.
Good luck.
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