Legal Question in Real Estate Law in Texas

Due to my wifes pregnancy and some complications, our OB (doctor) wrote a note to our apartment asking the apartments to make reasonable accomodations or release us from our agreement one month earlier than the date the agreement expired. The reason for the doctors note is that we live on the 3rd floor and there are no elevators present and she risks her health without assistance.

The agreement between the apartment complex and both my wife & I was set to expire on April 28, 2013. We requested an early release date of March 31, 2013 or assistance/guidance in providing assistance to get my wife to the 3rd floor based on the doctors medical note. The request was made March 18, 2013 verbally with Pam (Office Manager) but she informed me that she needed the note before moving forward.

We received the doctors note on Thur March 21, 2013 and I emailed the letter to Pam that same day. In that email, I asked Pam let me know if they have any questions or if they needed to meet with me. Pam responded promptly that she wanted to meet. She offered a 1 hour window on Friday 3/22 but I was not available due to work, I offered 2 different time frames but she said she could meet those times due to a job fair. Because they are short staffed, she said she couldn't then meet w/ me until Monday 3/25.

Mon 3/25 - Pam and I meet. She asked me for the doctors letter, I stated it was sent on the 21st and informed her she responded to the email with the letter. She checked and said, "ok, it's there". After recapping everything that I prevoiusly emailed her Pam stated she would send the request to her upper management.

I was confused as to why she delayed this being that our meeting consisted of me re-stating the issue in a brief 5 minute conversation. I was not asked to sign anything so the meeting was an unecessary delay. However, I told her we can move out by April 1 but we needed to know soon due to moving and comittmiting to another agreement. She informed me then that one of those higher level managers would be in on Tuesday 3/26 and she would talk w/ her and get back to me.

Wednesday 3/27 - I followed up to see what the outcome was and she responded:

" Hi Anthony, Yesterday when she was here, I didn�t get to talk to her because I had clients and I was here by myself. However, as soon as I had a quiet moment, I emailed everything to her. I don�t have a response yet, but will let you know as soon as I do. I am off Thursday & Friday but will be working this weekend. "

Friday 3/27 - I left a voicemail following up because I had still not heard and April 1st was 3 days away. When I did not receive a call on Friday, we confirmed the new residence to secure a new place and schedule some moving help.

Sat 3/28 - I stopped by the office on Saturday 3/28 at 1pm and the office doors were closed with a note that they would be back shortly. I waited 20 minutes and nobody came so I left to get packing and cleaning on the apartment finished.

Sunday 3/29 - I left a Voicemail and sent an email at 5:33pm to get an update but no response.

Tuesday 4/2 - I stopped by the complex to hand my keys in and the doors were locked. I also had scheduled the washer/dryer to be picked up from the apartment that day and the company (contracted by the apartments) stated nobody at the leasing office was there.

Wed 4/3 (11:26am) - I sent an email recapping the fact that I have received no communication back on my request and to let them know of my attempts to talk w/ someone. I also advised that the apartment was cleared out and I needed to turn the keys in.

4/3 - 11:37am - received an email response and the only other employee (assistant manager) that works there, stated he would inform the Pam of my email.

4/3 - 12:11pm - received an email from Pam stating she hadn't heard back from her supervisor and will let me know.

4/3 - 12:33pm - received an email from Pam stating:

Anthony,

"We can accept less than the 60 day notice to vacate for your apartment as a courtesy due to your wife�s condition, but you will need to pay through the end of your lease � 04/28/13. Electricity and gas will also need to remain in your name through 4/28/13 in order to avoid being charged the $50 lease violation fee and usage. If you do not pay through the end of your lease, then you will have to pay back all concessions on your apartment and the Early Term Fee which will be much more expensive than the 28 day prorate.

Your current balance due through 4/28/13 is $1,201.82. Please make your payment today to avoid late fees being added to your account. Feel free to contact me with any questions or concerns that you have."

I asked if they could've forgeo the month based on the doctors note and the delayed response. In several emails I was told no and that they are doing me a favor by allowing me to forego the 60 day clause (technically since I requested on 3/18/13, they are waving 19 days)

I was given an eviction letter today based on non-payment for April. I then responded to ask if this is based on the approved expiration date and I was told no that I still owe April. I explained that I cannot pay April because I had to pay a downpayment and monthly rent for new place. I stated that I was very persistent in trying to get an answer because our situation was not being addressed. I stated I would stop by to make payment arrangements for the remainder and I was told sorry, we don't accept arrangements of any kind.

So I'm in a quandry. First, I know the texas law states the leasee can make recomendatoins and costs for the disability and then get approval, but essentially the way the stairs are set-up the only real option would be putting an eleveator in place (which is not a viable or realistic option).

Is there anything I can do to fight this? I have all emails and documentation of the forementioned conversaiton.

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