Legal Question in Real Estate Law in Florida
Medical Waiver
We live on the third floor of an apartment complex and have been told by my physician that I will need a surgical procedure that will make it imposible to negotiate stairs for up to 5 weeks. Do we have any legal standing to get out of our lease agreement without penalty, so that we may rent a more suitable residence.
3 Answers from Attorneys
Re: Medical Waiver
There is no provision for any "medical waiver" in order to cancel an apartment lease or any other legally binding contract in the State of Florida. Frankly, with the large number of elderly residents, no contract would ever be binding if there was.
I suggest that you meet with your landlord or landlord's agent to discuss your situation. Perhaps, you may be able to reach an amicable resolution.
Scott R. Jay, 305-249-8000
Re: Medical Waiver
No. Your only hope is to get the landlord to voluntarily let you out of the lease.
Re: Medical Waiver
You will need to meet with the landlord to learn whether he/she is willing to work together with you toward a mutually acceptable resolution, as you cannot simply cancel the lease unilaterally because of your medical condition. Perhaps you know of someone else who would be willing to lease your apartment, thereby providing the landlord a reason to let you out of your lease, since he/she will not be losing any money by letting you out of your lease agreement. Good luck.
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