Question:
Can a landlord expect a disabled person to arrange for cleaning per lease in MN?
Deathâ„¢
2012-07-01 07:13:45 UTC
Large country home rented to wheelchair-bound person about eleven months ago. He brought along legal information regarding modifications for disabled persons and pointed to things he needed done in order to live there. These included paving the gravel driveway for better wheelchair access, adding path from drive/garage to house, adding ramps to entrances to make them wheelchair accessible - these were done by person who handles property maintenance. Requested an elevator installed to allow access to second/third floors, denied, he bought and had installed wheelchair lifts for staircases instead.

Made some modifications himself under an agreement to reverse them upon leaving, such as replacing the refrigerator with a shorter one.

Had an issue about three months into lease. Man who does property maintenance went to check basement for water after heavy storms, noticed that modifications were made to light switch panels. Now they included switches for ceiling fan and dials for speed. Lease stated that any and all electrical, plumbing, etc. modifications be made by a professional. Requested copy of receipt for own records, learned that work was done by someone with no experience. Had work inspected, problems were found and had to pay to make changes.

Since then, virtually no contact with tenant. Sent packet about two weeks ago regarding move-out information, reminder of what cleaning/etc. must be done before move-out as dictated in the lease. Today, received written notice that the tenant cannot carry out the cleaning because of his disability.

These things are outlined in the lease and include lists of what should be cleaned or replaced (like light bulbs, detector batteries, etc.) and the amount that will be deducted from the deposit if they are not done. Assuming all things listed on lease are not done upon move out, total comes to around $800 out of the $1000 deposit. At time of rental, tenant did not bring up the matter of cleaning or say that it would not be completed; assumed he expected to hire someone to do this.

Can he be expected to hire someone to carry out cleaning, or is he protected because of disability?

Can't ask lawyer until late next week; looking for some insight now to prepare.

Sorry for long post, and thanks!
Six answers:
Landlord
2012-07-01 07:50:51 UTC
Man is he screwing you over. The law on the "reasonable alterations" is that HE pays for the modifications, like the paving, ramp, etc. Also you do not even have to allow it at all unless there are multiple units.



As far as cleaning goes you can't discriminate. He is expected to be just as clean as everyone else. The only issue the landlord can gt complain about is if it is clean or not. How this guy cleans, if it is himself or he hires a maid is none of the landlords business.
sophieb
2012-07-01 08:18:24 UTC
This is my opinion only: you said it was a "large country home" and didn't say it was an apartment complex, therefore I believe you had every right to say no to the handicapped person to make major and costly fixings to your home to accommodate them. The judge would see that you went way overboard to accommodate that person. Certainly you should have determined prior to their moving in their credit status and how much money they had and determined how long they would stay and if they actually planned to buy the home. And you should have known that people on disability benefits from the government aren't allowed to have more than $2,000 in savings so should have also determined just who is paying their disability benefits, and maybe even rented to two people (the disabled person and another person who is working) to have solved your problem. I strongly believe that if your home is not for groups then you might have been able to sue the guy to expect that he pay for removal of those items (since plastering and such may need to be done) or pay you to have that done, or otherwise he gets a judgment on his credit report and you go after him in court. Although I realize you were trying to accommodate someone, you should have talked with your attorney BEFORE allowing this man to curl you around his little finger. To me it sounds like your lease is clear, plus the man was not allowed to mess with anything you had there and he did so he is responsible to pay your maintenance their time for putting it back to normal. The problem is that this man might not have the money to pay you and you lose. I'd say it's tough but as soon as I heard about him messing with my stuff I would have evicted him. You took all the precautions and went way overboard and I think if you have all your receipts plus your lease then you can prove you're in the right and this guy owes you.



You're wrong in saying you can't ask your attorney until next week because they ALWAYS have someone in their place while they're gone who can get in touch with them even if they are on vacation or whatever. So call your attorney and ask who is doing his work while he's gone and get your answers immediately and act upon them immediately.



Evictions call for 3-day notice. Figure out where he's going and re-check his assets. People are people and as long as that guy was competent (if he wasn't then someone else should have rented that home for him) he too must follow the lease whether or not he's handicapped.
2016-10-14 06:12:04 UTC
Reread your hire. If there's a clause in there that proclaims he can cancel after previous due money, then his argument is valid. i individually think of that that's stupid, particularly if he/she time-honored the money. below known situations, the owner can choose out of renewing your hire, so which you will have no different selection yet to go away as quickly as your hire is up. you ought to look on line very complicated to discover California eviction rules. Is there a criminal aide 800 extensive type in California? if so, it would be got here across below government listings on your telephone e book. you ought to definately look into this extra beneficial. If what your landlord is doing is valid, you have the desire to verify you examine destiny rentals intimately so as which you do not have surprises like this returned. commence searching for a clean place now in simple terms in case he can throw you out. with any luck, you do not have court docket. in case you do, get a clean landlord now (earlier court docket) so he won't see the judgement on your credit.
Classy Granny
2012-07-01 22:07:01 UTC
In a single family home you do not have to allow any changes. If the home no longer suits his needs you can let them out of their lease. They had no legal right to make changes to your electric system so if they are seeking reimbursement you do not have to pay. When any tenant leaves your property they are responsible for cleaning. If they can't do it themself, they need to hire it done
Kini
2012-07-01 09:43:00 UTC
His disability doesnt give him special rights or protections from taking care of the rental or to expect everything to be done for him.



He has income, he could have hired someone to check the basement for flooding and the other issues.
R P
2012-07-01 07:46:02 UTC
He is responsible for returning the property to the LL in the same condition it was when he moved in. He is not exempt from that just because he is disabled. There is nothing from preventing him from hiring someone to clean the property.



Call his bluff.


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