Understanding Rights and Obligations for Disabled Tenants in Lease Violations

When it comes to apartment leasing, whether you have a disability or not, the rules and responsibilities associated with a lease remain the same. This piece aims to clarify the rights and obligations of both tenants and landlords, particularly in the context of lease violations. If you are a disabled tenant facing eviction, this guide will provide you with insights into your situation and potential solutions.

Terms and Conditions of a Lease Agreement

Signing a lease agreement means you commit to the terms outlined by the landlord. Whether you are dealing with a standard lease or one that includes accommodations for disabilities, failure to adhere to these terms can lead to eviction. Landlords have the right to enforce the lease, regardless of any disabilities you may have.

Lease Violations: Non-payment of rent, breaching the lease terms, or other violations can result in eviction. Your landlord follows these rules for all tenants, not just those without disabilities. If you find yourself in a situation where you cannot afford your rent or are facing other difficulties, contacting non-profit organizations or exploring programs like Section 8 vouchers may be beneficial.

Legal Basis and Discrimination Protection

Landlords cannot use your disability as a reason to evict you unless you have violated the lease terms. Disability laws such as the Americans with Disabilities Act (ADA) protect tenants from discrimination, but they do not exempt you from abiding by the lease agreement.

No Free Ride: If you have the capacity to sign a lease and understand the terms, you are expected to honor your commitments. Simply being disabled does not entitle you to live without fulfilling your contractual obligations, such as paying rent.

Eviction and Legal Protection

In cases where the eviction is due to a lease violation, the landlord has the right to request that a tenant vacate the premises. However, if you believe that the eviction is being used as a discriminatory tactic, you may have grounds for a legal case against your landlord.

Legal Precedents: If a landlord evicts a tenant solely based on the tenant’s disability, this can be considered discriminatory and would fall under the purview of the ADA. However, research indicates that if the landlord was aware of your disability from the beginning and still rented to you, it is likely because the landlord believed they could accommodate your needs without violating the lease terms.

What You Can Do

Lease Compliance: If you have violated the lease, it is important to address the issue. This could mean resolving payment issues, adhering to community standards, or finding a resolution with the landlord. Break the rules, and you may be evicted, even if you have disabilities.

Contact Legal Assistance: If you believe your landlord is acting improperly or if you are facing eviction, consider seeking legal advice. Non-profit organizations can provide guidance and support in navigating eviction processes, especially in cases where discrimination may be involved.

Remember, the goal is to ensure that all tenants, including those with disabilities, understand their rights and obligations within the context of a lease agreement. If you find yourself in a difficult situation, consult with a legal professional who can provide personalized guidance based on your specific circumstances.