Potential Tenant is Disabled...how do I protect myself? : ezLandlordForms

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Tiffany C

started a topic over 11 years ago

I have a couple looking to rent my place, and one of them is a parapalegic...while the property is one level, it is not "ADA compliant" (no roll-in shower, or handlebars in bathroom...etc). I also don't have the money to make it so. I haev disclosed all this to the couple and they said it's not a problem, but how can I make sure that this doesn't come back to haunt me? are there any specific clauses that can be put into the lease saying that I'm not resposible for accidents, etc and that the house is being rented 'as is'? thank you for your help,

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Bob R

said over 11 years ago

Landlords must allow disabled tenants to make reasonable modifications to their living unit or common areas at THEIR EXPENSE, if needed for the person to comfortably and safely live in the unit. Also, I believe you have the right to have them return any modifications back to normal….. This should help…. http://www.nolo.com/legal-encyclopedia/disabled-renters-housing-rights-30121.html ....... Also, tenant should have renter's insurance and you should have an umbrella policy of at least 1 million in addition to property insurance. Check with your Agent. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.

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Luis M

said over 11 years ago

Disabled people have significant protections when they rent living space. First, when seeking a rental, landlords are not allowed to ask whether they have a disability or illness, or ask to see any medical records. After moving in, your landlord may have to provide you with REASONABLE accommodations, at the landlord's expense, and your landlord may have to allow you to make reasonable modifications to your living unit at your own expense. If you do not have the money to make any necessary changes, I would highly recommend putting it in writing and having you both sign it.

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Bob R

said over 11 years ago

This should answer a lot of your questions. It explains what would be considered "reasonable" .... http://www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf

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Tiffany C

said over 11 years ago

Kendra and Bob, thank you for the resources...just to clarify, the info about the disability was offered up by the tenant, and I made sure to let them know that the house currently doesn't have any modification that would improve accessibilty. that being said, I have no problem making reasonable accomodations...I just wanted to make sure I CYA for things out of my control (rolls down the driveway cause the house is somewhat on a hill...and I can't change that). I would think that they would take this into consideration before signing the lease, but you never know now adays, so i just want to make sure I'm not opening myself up for potential legal issues down the road. from what I've been able to research so far, I think I'll be okay... thank you again,