Do we have the legal right to sustain our current lease and move to a bottom floor apartment due to my husband’s health issues?

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Do we have the legal right to sustain our current lease and move to a bottom floor apartment due to my husband’s health issues?

My husband has been in the hospital for 3 months. He can barely sit up and when they release him he will not be able to climb the stairs to the third floor apartment. I asked the new apartment manager to let us move into a ground floor from our apartment that we have paid on time for 5 years and the manager said we would hav e to sign a new lease and get approved again. We have 4 months lest on our lease. We have the savings to pay but my husband won’t qualify because he doesn’t have a job due to his illness.

Asked on October 18, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, unfortunately you do not have a right to sustain or maintain your current lease and move to another unit, unless the lease itself provides that you can do this. Otherwise, the lease is a contract which grants you possession of the indicated unit, and does not give you any rights to any other units. Your husband's health issues do not obligate the landlord to give you any unit other than the one you had agreed to rent.


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