Huntington Beach, CA asked in Landlord - Tenant for Oregon

Q: How can we get landlord to allow permanent construction of accessible shower for disabled person in her apartment?

Greystar owns and will allow construction but insists on 'return to original condition' clause. Can attorney negotiate to eliminate this clause as it is a capital improvement to their property? Also would love for them to pay a portion if possible. Disabled daughter has lived in unit for 13 years , is becoming more disabled with age so bath is entry is of concern.

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: The landlord is within their legal rights under the Americans With Disabilities Act requirements. They have to allow reasonable accommodations but the person making the request has to be willing to pay for the conversion of the premises and pay to convert it back again when they leave if the landlord so wishes. If you can convince the landlord to waive the requirement to return the property to the original state, great, but you cannot force them to accept that.

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