***urgent***please Help!!!!!!!!*****

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ARMYWIFE5

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I am renting a townhouse from a property owner who lives in VA. I am in Upstate NY. with a property manager onsite.

I am trying to get out of my lease due to a physical disability with my knee.
We have a 2 story place that I recently got a medical note from my DR stating that it is recommended to not go up and down the stairs anymore as I am a SAHM with 2 kids under the age of 3. I have provided my property manager with the DR note stating this. She forwarded it on to the owner who was a complete jerk giving us 4 options that are RIDICULOUS!!! I have also contact the "FAIR HOUSING COUNCIL" (they are taking to long) and was told that legally I could be let out of my lease with no responsibility to it as far as paying them rent until it re-rented.

Property owner says he has never heard of such a law and wants to know the extent of my disability( which I found out is ILLEGAL!!! HE CANT ASK THAT!!) per the FHA (42 U.S. Code sections 3601-3619, 3631).

***Me and my husband are on 1 income and cannot afford 2 pay here until its rented out and somewhere else!!! THATS RIDICULOUS!!! My husband is in the miltary and does not make that much!!!!

WE HAVE OFFERED TO MOVE OUT OF HERE by 10-17-08 and let them keep the REMAINDER of rent from OCT. + pay them until NOV 15. + let them keep our security deposit!!!!!

IS THERE ANYTHING I CAN DO???
PLEASE PLEASE HELP!!!!

THANKS IN ADVANCE!!

PLEASE HELP!!
 
can some1 please respond.....i am on a very short time frame!!! does it generally take this long???
thanks in advance!!! :)
 
People volunteer their time here.

SAHM = stay at home mom. What does that have to do with your ability to go up and down stairs?

You've already got a favourable opinion from the Fair Housing Council. What more do you want?
 
it has to do with the fact that I AM HOME ALL DAY(husband is in the military..he works anywhere from 10-13 hours a day when he is home and not deployed!!!) and have a 2 yr old & a 3yr old that I have to watch after which means i have to go up them several times a day!!!
and the fair housing lady i talked to her wed...then thursday morning she said she would call me back within an hour and gave her 3 and half hours b4 i called her and when i did she had left out of her office till tuesday!!! she could have told me she wouldnt be back in until then! and no one else will help from their office because I already have a "case manager". But really how much help am I getting when she isnt even there! She has to "investigate" the complaint....alot of investigating she is doing though ~~~SARCASM~~~

THATS WHY I TURNED HERE..hoping to get some advice!!!
 
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A) we could sublease the property, yet still be held liable for any non paid rent and or damages...(WE CANNOT AFFORD THIS AND THEY KNOW IT)
B)they will instruct their personnel to re rent it out upon doing so our lease would terminate..( property manager told us she doesnt see this happening until DEC or JAN so AGAIN we would have to pay rent here and somewhere else...CANNOT AFFORD TO DO SO

C) They would consider relocating me to a single level home and continue our lease from there...( NOT HAPPENING SINCE WE HAVE A 3 BEDROOM NOW AND ALL OF THEIR SINGLE LEVELS ARE REALLLLY SMALL 2 BEDROOMS! THEY WOULD BE MAKING BANK OFF OF US SEEING SINCE THEY TAKE ALL OF MY HUSBANDS HOUSING ALLOWANCE FOR THE RENT...)

D) WE COULD MOVE OUT EARLY BUT BE HELD RESPONSIBLE FOR THE RENT UNTIL THE PROPERTY IS LEASED TO A NEW FAMILY....(CANNOT AFFORD THIS..THEY KNOW IT..CAUSE WE WOULD HAVE TO PAY RENT HERE AND SOMEWHERE ELSE....)
 
All of these are quite reasonable suggestions that all fall within the range of what your landlord can legally request you do.

While they cannot ask the specifics of your medical disability, it was your responsibility to inform your landlord of the need for a one story rental at the beginning of the lease. You did not do this and since your disability was likely not obvious at the time, this, coupled with the limitations of what your landlord/his rep can ask you in terms of the details of the disability means they had no knowledge of the need for this.

They are providing some very logical and quite legal suggestions on how to solve this dilemna. If you were to simply move out, they would likely file against you for breaking the lease and present these options to the court as evidence that they did try to work with you.

While one cannot guess what the outcome of this would be, it is quite likely that the judge would agree with their contention that they did provide you with generous options.

Gail
 
yes they all seem logical however I had no idea that the stairs were even going to be an issue as i was told before there was nothing wrong with my knee from the injury. It wasn't until we have lived here for 4 months that it has become a problem....

i guess basically im screwed on this???
 
Here is what I see:

1) You are relying on your disability as the catalyst for the early early termination of your lease.
2) You are being unreasonable. It is all about them providing you with exactly what you want and not accepting their options until your lease ends

What I don't see:

1) Your willingness to take option 2 and wait until your lease is up so youcan get out of there without having to put a strain on your finances.

So, unless you are willing to compromise, the answer was provided by your own self:

i guess basically im screwed on this???
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thanks..i guess i will further damage my knee going up and down the stairs for the next 8 freakin months!!!!!!!!!!!!!! and while my husband is on deployment doing it all by myself!!!
this is soooo ridiculous....
 
No, what is ridiculous is your lack of common sense and flexibility. Options you have - you just don't want to take them!!! Give me a break...
 
I'd take the option of allowing them to switch the lease to one of their one story single family homes. This would take care of the issue of having to go up and down so many stairs with your bad knee.

Gail
 
they dont have any single level homes available!!!! so how does that help me??? that was just that landlord being a jackass cause he knew there were none available!

*******ANYWAYS WE ARE MOVING OUT...I CANTT STAND THIS PLACE OR THE PEOPLE THAT RUN THIS PLACE!!! I AM WILLING TO JUST PAY THEM THROUGH 11/15 AND LET THEM KEEP ALL OF MY FREAKIN DEPOSIT!! MY HUSBAND SHOULD HAVE HIS ORDERS BY THEN THAT WAY WE CAN LEGALLY BREAK THE LEASE!!!! SCREW THESE PEOPLE!!!!!!***********
 
Be prepared to be sued yourself if your husbands orders do not come in by this time period....

And less than a 30 day notification of receiving military orders will often result in the tenants having to pay one more months rent.

Are you near a military base? I live near one. There always seem to be folks coming and going and looking for offbase housing. To save your credit rating by making a decision that may haunt you for a number of years, it might be a good idea to see if you can try to sublet your townhouse by posting a notice in your local military paper, at the PX, etc..

Gail
 
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