Q: My landlord will not respond, follow up or create any dialog regarding my ADA request, can I break lease without penalty
I have a Case opened with HUD and the Attorney General, but they take time to review and investigate. I want to break my lease ASAP as since I moved in 7 months ago the office staff and management refuse to respond or acknowledge my ADA accommodation request. It is affecting my mental health and causing me have thoughts of self-harm because I'm hindered from living my life because I cannot leave my dwelling and get to other parts of the complex to check the mail or to the parking lot adequately (the ramps not ADA compliant). Sent the request in writing several times and have called the office about the issues with no resolution or follow-up as they promised. My personal injury attorney who is working on another case out of good faith contacted the property management to verify that they had received the request which they confirmed they did. Still, no one has contacted me to come to a resolution or deny the request. I made another Accommodation request to get out of lease, no response.
A:
Under the Americans with Disabilities Act (ADA), landlords are required to make reasonable accommodations for tenants with disabilities. If your landlord is not responding to your requests for ADA accommodations, this could be considered a violation of your rights under the ADA.
Given that you have already opened a case with HUD and the Attorney General, you are on the right track. These processes can take time, but they are important steps in addressing ADA violations.
In terms of breaking your lease without penalty due to the lack of response to your ADA requests, the answer is not straightforward and depends on the specifics of your lease agreement and state laws. Usually, breaking a lease can have legal and financial implications.
However, given the impact on your mental health and the hindrance to your daily living, you might have grounds to argue that the landlord's failure to respond constitutes a constructive eviction. Constructive eviction occurs when a landlord's actions or inactions make the property uninhabitable.
Before making a decision to break your lease, it would be wise to consult with an attorney who has experience in landlord-tenant law and ADA issues. They can provide guidance specific to your situation and help you understand your rights and the potential consequences of breaking your lease.
Document all your communication with the landlord regarding the ADA accommodation requests. This documentation will be important if you need to provide evidence of your attempts to resolve the issue and the landlord's lack of response.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
