break lease before move in

[ellenk]

my sister is mentally disabled, and receives disability from the state (mass.) for this. She went to rent an apt. my parents and I were not with her at the time. She signed a 1 yr lease and gave $550. We went to move some things in early for her, the landlord said we could leave them in the bedroom, until she takes occupancy. When we got there the front door was wide open, the apartment was wide open, there was junk in the hallway, the staircase has no railing very narrow and in disrepair. the roof is rippled and won't last very much longer. There were bug traps all over the apt. it was small and dirty, and smelled. the floor was just pieces of uneven boards. We did not stay or leave my sisters things, they would not have been there when she got back!!!! My sister talked to the landlord and said it was too small did he have anything else, at first he said yes, now he says no and she can't have her $ back because he can't rent it again by the 1st. Is there any way to break this lease and get the $$ back????? Thanks.

 

[djdj]

Yes your sister will have to sue the landlord in small claims court for the $550.... can you go back and take pictures of the place? it would help

she should get it back, Judges are not very nice when landlords take advantage of someone who is not all there, or doesnt read write or speak english very well

And as far as not being able to re rent it...i think the judge will have a nice long talk with him. Since $550 a month was a rip off rent.

Oh he wouldn't give the money back...'casue like ALL REDNECKS he allready SPENT IT!

 

[lildevil719]

just out of curiosity, does your sister have a guardian or conservator? if she does, then the lease she signed was null and void and all monies would be returned to her, without going to court, because with adults with a disability, if there is a conservator or a guardian, that person has to approve the decision. If she does not have one, your family might want to consider assigning one of you in that post, to prevent something like this from happeneing again. Also, does she recieve independent living services from an agency? if she does, then her resource counselor or supported living coordinator could help her out...

 

[ellenk]

Thank You, Thank You.

Small Claims is a good idea its cheap!!!!

I'm not sure about the guardian thing, I will ask my Dad, he has always taken care of her. But they are aging rapidly, and soon her care will be my responsibility. If there is not a guardian , then there will be. I'm not sure how her disability payments work and if she has a counselor, I will find out if that is a source of help also.

Again, Thank you!!!

 

[lildevil719]

okay, a couple of things here, hon. 1) If you do decide to appoint a guardian or conservator(guardian is better), you will have to do this through the court. It needs to be a family member(most likely you). It is a legal procedure, and you will need an attorney. It looks as though the expense would be justified in this situation. If your parents have failing health, you need to get this taken care of ASAP. 2) If your sister was with an agency and had service providers, you would know about it, as these people would be seeing her at least once a month, if not more. You need to check into this with your state's laws, and you need to get her into and independent or supported living program ASAP!!! Then things like this will not be an issue, these thi gs will be taken care of by her service providers. As to the current situation -- Find a copy of the Americans With Disabilities Act. I can't be positive, cause it's long and it's been awhile since I read it, but I believe there is something in there that addresses problems like this and these jerks who take advantage of people who they think have no way to fight back. Another idea is to go to the place that does her SSI payments, and ask them what is available for your sister. They won't tell you unless you ask. Good luck!!!!

 

[ellenk]

Thanks again, my Dad is going to talk with an attorney to see what we need to do to start this process. Yes your right her guardian will most likely be me, and I want and need to protect us because I can't afford to be bailing her out like my Dad does.

I called the landlord myself and explained the situation, very calmly and politely. He did agree that there are some things not up to code in the building and that it did need a roof, and so forth. He said he knew nothing of bugs, I told him to go take a look and smell. What I have got out of him is that he will list the apt. if it rents before March 1 he will refund some $$$, if not he is keeping the $. He is also letting her out of the lease. What I told him I wanted was $450 back and he could keep $100 to help pay for the re-listing of the apt. and we would go away. I thought this was fair. He says he really doesn't have to release her, and he really doesn't have to even consider giving us $$. Itold him we would wait and see what happens and if I didn't get the money, I would seek legal services, because the contract is most likely not valid. We left it, at that and ended the conversation.

Hopefully it will work out, if not, I'll help her file a small claims. In the interim I will find the ada, and call SSI.

Thanks again.

 

[ellenk]

I almost forgot, yes she does see someone, a shrink, that she has to talk with periodically, I think he is the one that has to certify she is disabled. I don't think he can help, but might be able to tell me who i can contact???

Thanks!!!!

 

[djdj]

what you did was very fair...$100 to relist....

I think the landlord as all rednecks do is spend the money, so of course he is not going to cut you a check on the spot.

This is an area where even a careful landlord can get into trouble, You cant discriminate against the handicapped, but you can make it harder to rent by making sure a guardian or social service worker is there to make sure the lease is valid.........which could mean discrimination charges due to not doing the same to non disabled prospective tenants

catch 22

 

[lildevil719]

kay, another thing you'll want to do is get her set up through the state to be recieving independent living services. you want to look for a place called (your county here) Regional Center. That may not be what it is called, tho, so if you cannot find it, call the agency that does her SSI, and they'll be able to tell you where it is. If you get her on this, she'll not only be able to access services more easily, but she'll be provided with budgeting help and things like that so that she doesn't end up in this situation again. Good luck!