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Updated almost 8 years ago on . Most recent reply

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Sarah Maddox
  • Summerville, SC
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5
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Breaking my lease under ADA

Sarah Maddox
  • Summerville, SC
Posted

I'm not great right now, so I will try to be as clear as possible, bear with me. In October of last year, my husband and i upgraded our apartment to a two bedroom, as we were expecting twins in december. Things went downhill quickly for me, and right before we were supposed to move in, my water broke, more than 10 weeks early. I had my twins two dayd later via emergency csection. We moved in a week after I had them, and they were in the NICU. This started a huge downward spiral for me. I was almost institutionalized twice during their hospital stay, and since they've been home, have been diagnosed with unspecified bipolar disorder, agoraphobia, borderline personality disorder, PTSD, ADHD and a severe panic disorder. I am no longer a functioning human being. My husband works more than any person should, and I am alone, and very trapped in that 2nd story apartment which greatly exacerbates my agoraphobia and my panic disorder. I can't go out with my twins because it's impossible to get them downstairs by myself, and when I am unstable, it is difficult for my mother to get to me because of the location of the apartment. The apartment itself is also very PTSD triggering for me, as i was living there during rhe teins' NICU stay and that is the traumatic event the PTSD stems from. 

I have been living in my moms living room, but that is not permanent and I can't stay there much longer. what I really need is to move closer to my mom, in a first floor building, and in a larger space for my mother in law to move in with me to help me get to my many appointments and to help with the babies when I am very unwell, which is often. Do I have any recourse? I know it is not the apartment owners fault, but I cannot stay there and there is nothing I can think of that would make the situation any better. They do not allow subletting and will not let me find another renter. I would need to make this all about the law. I want to do it as respectfully as possible, as they have been nothing but good to me and my family, and give them plenty of notice. 

Most Popular Reply

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575
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Robert Gilstrap
  • Residential Real Estate Broker
  • Cartersville, GA
580
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575
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Robert Gilstrap
  • Residential Real Estate Broker
  • Cartersville, GA
Replied

@Sarah Maddox  

Absent a local or state law to the contrary, civil contracts are generally unaffected by one's health situation and rightly so. For instance, a person doesn't get to stop making their car payments if they are injured and unable to drive anymore. Likewise, just because a life situation has changed for you doesn't give a free pass on your lease. Remember, you always have the option to move. If you are in such bad shape that you can't live there then move! It may cost you some money but so what, your health is far more important. Try and work something out with the landlord/mgmt company but if that doesn't work then you just move on and deal with the consequences.

OK that was my legal answer. Now for my totally unsolicited personal answer that is going to come off sounding horribly insensitive but take it as some tough love advice. I don't know your situation, I don't know you but I assume you were fine where you lived and "normal" before the birth of your twins.

You can find a doctor to diagnose you with anything but having twins generally doesn't thrust upon the mother borderline personality disorder, agoraphobia, severe panic disorder, unspecified bipolar disorder, PTSD, and certainly not ADHD.  You didn't mention any physical maladies so I also don't see why you can't get your twins down the stairs? It's simple, you put them into a carrier and you walk down the stairs. You were walking up and down the stairs before correct?

Certainly not minimizing the impact that any of these things can have on a person but I just flat don't believe that having twins has somehow stricken you with all these ailments.  I know, sounds horrible but just speaking my mind.

  • Robert Gilstrap
  • [email protected]
  • 770-480-7301
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