Disabled and need to break lease

[Fuzz]

I'm disabled, but working part time from home. My income is low enough I still qualify for Medicaid and a small amount of food stamps, and energy assistance.

My rent went up (after my lease renewal) by $20/mo. due to rising heating costs (heat/hot water is included in rent). Now, they are saying to keep the thermostat at 60 - 62 when not at home, 68 when home. This they said is so they can avoid raising the rent again. They offered to put plastic around windows, which I asked for today.

I have Fibromyalgia and NEED to have it at LEAST 73. I can NOT have my apartment at 68 degrees or I'm in too much pain I won't even be able to work. Also, I have been badly harassed in the past by the managers and maintenance staff at this complex the whole 10 and a half years I've been here.

I need to move. I have an apartment I can move into in December or January. I DO have a place to go. However, I need to break my lease (which is up around June 1, 2006) and am being told conflicting things.

I subscribe to a pre-paid legal service. I was told by one lawyer a few months ago that under the circumstances I could break the lease and get my security deposit back. Just call the service back one month before I am to move. Ok, I called today and the other lawyer at their service said that the first lawyer couldn't have said that because the law says that they will sue you and garnish your income (he said even my social security check would not be protected) until I pay all the money in rents from the time I move to the time the lease is up.

I'm paying the security deposit at the new apartment in two payments because I can't afford it in one payment. My income is extremely low. But my credit is fantastic (I do have debt but it's not too much and my credit score is very good). I can't however, even afford 10% of my income to go towards this and I would be in debt for life. I would not be able to pay bills and rent. I can't reduce my bills any more than I already have now.

So, I'm between a rock and a hard place. The 2nd lawyer said that since they have been so mean to me they WILL do everything they can to get that money from me.

Now, my councellor told me she read somewhere about an exclusion to that law for people who are on very low incomes.

When I moved in, my father (who was abusive) evicted me from the family house I rented (he moved out after remarrying) and I needed a place to live. This was the only place I could get into. But when that was happening, the court gave me time and ordered my dad to pay the security deposit and also give me the bed and bedding I had at the house to sleep in. In addition, my court fees were waved. However, now I can't use the same volunteer legal service because now they only take eviction cases for families with children. I have no kids, never married and am alone. Money is tight so I went with a $24/mo. prepaid legal service but am getting no help.

I wonder if the courts will consider my position? Can my landlord just take my wages/ss money without court order or do they have to go to court? And will the court consider my situation and how likely is it I'd get a waver?

I even had to repaint my own apartment after 9 years of being there, replace my own door locks, toilet float, smoke alarm, bathroom shower and towel rods. My screens are ripped since I moved in. The sink is rusty as is the drain on the bathtub. Just repainting the place left me in frequent pain that some days I couldn't move, just lay there in bed and cry. I have photos to prove some of the poor conditions as well as letters to management and owners. Cops are always here so they will get an interesting picture for sure of drug addicts in this place if they look up 911 call logs of this place. I have witnesses and references that may be able to be subpena to court to testify as to my character, and the condition of my place.

Would all this be enough? Would it be possible the courts would see my situation and release me from my lease without penalty? Heck, I'd even give up the security deposit if they wanted. I just want out of here.

Ideas? And any ideas on who to call? Every agency I try calling won't listen to me when I try to tell them my situation. What should I say when I call that may help get them to listen and give an accurate answer?

Ideas are welcome. I'm in NY state, not in a subsidized or rent-controlled housing (and not moving into subsidized or rent-controlled type of housing).

I really want the new apartment bad. I can afford to live there. I just can't afford to pay THIS place and can't afford even 10%.

Please reply if anyone knows how to help.

[Aubergine]

I cannot think of any basis for you to break your current lease without being liable for rent for the balance of the lease period. However, your description of the reason you need a warmer indoor temperature suggests a possible claim for a reasonable accommodation of a disability. The federal Fair Housing Act and the NY Human Rights Law both require landlords to make reasonable accommodations of a tenant's disability or allow reasonable modifications necessary to allow the person to have full enjoyment of the housing unit.

I would suggest that you discuss with your lawyer the possibility of trying to get the thermostat raised in your apartment based on your medical condition. Even if your request is refused after it is put in those legal terms, it might help you if you have to break the lease.

[Fuzz]

It's not just the temperature, its the condition of the apartment, and the sudden increases in rent several times a year and not just at least renewal, harassment from the manager AND owner, they have NO real maintenance (they keep firing them - three, well more than that so far since May). Threats of eviction, but not following through.

I have the opportunity to leave NOW into a better place. This opportunity needs to be done NOW and NOT wait or I will NEVER be able to leave here.

If they "accomodate" the temperature, etc. they will raise the rent so I can't afford to live here and by then, I won't have no place to go to if I pass up this new place I'm going into.

The lease needs to be broken. Period. I haven't the money to break the lease. Period. I can't live here. Period.

I wonder why every time I have a problem, people keep telling me I'm screwed. Gee, thanks.

[Aubergine]

Thinking about the temperature/disability issue, I overlooked the important fact that the LL is raising the rent mid-lease. If that's the case, you may have grounds for terminating the lease instead of accepting the rent increase. Check what the lease says to be sure that the rent hike isn't allowed.

[Fuzz]

That's the problem. The lease DOES have a provision to raise rents due to hikes in utility bills including heat, electric, etc.

I'm up still because it's too cold here to sleep. Everything in this place feels like an ice block right now.

Yeah, I know I know... I'm screwed.

If they DO win the money back, the lease says only three month's rent it looks like. But that's only if I attempted to sublet. Which I am not even attempting. There is NO provision in the lease about a tenant breaking the lease to move. None. I just read it for the millionth time just a few minutes ago.

Anyway, if they garnish wages, aren't they only allowed a certain percentage of wages? Or is it just pay rent as if I was living there kind of thing?

If I follow through on this move, and not pay them the rest of the months rents on the lease, what can they take on me?

[Downtown]

I am assuming that you have talked with LL and explained that because of your disability you need to set the thermostat higher (which I would assume would raise your utility bill) and requested that he/she allow lease to be broken.
Have you talked to anyone at your local government or state rep as to helping you arbitrate this situation (low finances vs living conditions).
Does the lease allow subletting...at very least you are allowed roommate.
As it reads now, LL not prohibiting temp being set higher...just that you would have to face higher utility bill. Not a valid reason for breaking lease.

[Fuzz]

I got most of my issues resolved. Thanks but sorry you folks weren't of nay help. You don't know all that went on here besides the temp. Other complexes had this problem too and some don't. I'm moving into one that doesn't before rent goes up too unaffordable to save up to move at all or live here. So are others here moving for same reasons I am (and not just the temperature). There is FAR MORE reasons why more people are leaving here.

So now I gotta go concentrate on my move...