Americans with Disabilities Act
Question
Am I still legally obligated to my apartment lease?
I currently rent an apartment in Austin, Texas. And just recently my apartment complex modified my apartment to "comply" with the american disabilities act. Without proper warning, they ripped out half of my kitchen for wheel chair accessibility. I would like to break my one year lease because I feel that this is not the same apartment I originally agreed upon. The modifications are drastic ( I no longer have half a counter top and 2 full sized cabinets, so my pots and pans, and a whole bunch of other stuff are now sitting in my living room.) I have called the local tenants association and they said any modifications done to meet ADA should have been done after my lease was over. I even called ADA, and they are not even sure why it was done because my apartment is a private resident and wheel chair accessibility is for public spaces only. Does anyone know if I am still legally binded to my lease? Does private rented spaces have to comply with ADA regulations? Thanks.
4 months ago - 4 answers
Best Answer
Chosen by Asker
No, private spaces DO NOT have to comply with ADA regulations unless a person with disabilities CURRENTLY live in the house, and even then....the landlord IS NOT REQUIRED TO PAY for the modifications...they are only required to ALLOW for the modifications. This is a major misunderstanding. What I suspect happens, is that your landlord probably applied for some type of gov't grant to make some of his units meet ADA standards....and then he choose your unit to make the repairs. Yes, you do have grounds to break the lease and for your loss of use...however, you cannot do it without the permission of the court. All you have to do is file a small claims suit against the landlord..just set the amount at $1,000...and then allow a judge to make the adjustment.
4 months ago
Asker's Rating: 
Other Answers
i don't believe you can break the lease however the fact they made an alteration to the home without your needing it seems idiotic so if their that stupid maybe you breaking the lease they wont be smart enough to pursue you with the remaining
by Daniel- 4 months ago
wow! complex. you need to talk to a lawyer of some kind. sounds like you have a good case for something.
by Posleen Killer- 4 months ago
Wow, what a waste. Your landlord messed up, he did not have to do that, EVER, let alone with you living there. You had a right to move during the renovation. I do not know about now, but it would make sense to me that you could. You do not have the apartment you rented anymore
by Landlord- 4 months ago