If a tenant lives upstairs then becomes disabled, should they have to pay to transfer to a downstairs apartment?

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If a tenant lives upstairs then becomes disabled, should they have to pay to transfer to a downstairs apartment?

Asked on January 26, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. When a written lease is entered into between a landlord and a tenant, the agreement is based upon the circumstances existing at the time that the agreement is signed. In the situation that you are writing about, if the tenant's health condition deteriorates after the lease is signed where the tenant cannot use the unit rented, the tenant is still responsible for the balance of the lease's term.

If the tenant cannot get up the stairs to a second floor apartment after the lease is signed, that is not the landlord's issue. As such, if the tenant wants another rental in the complex that is on ground level, the tenant should pay for the transfer to the downstairs apartment based upon what you have written.


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