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Old 08-29-2011, 11:31 AM
 
91 posts, read 674,076 times
Reputation: 160

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What I am saying is that because the apartment was not designed to be wheelchair/handicap accessible, the walls and carpet were damaged.

These relatives looked all over the place trying to find a wheelchair accessible apartment and there aren't many around. Most apartments, houses, and places of business are not wheelchair friendly or even accessible. Aren't there supposed to be laws protecting the handicapped?

There's a difference between causing damage because you're careless and because you're in a wheelchair. There's also a difference between a pet causing damage and a wheelchair causing damage.

If I lived in an apartment where my pets or children damaged the carpet or walls, I would pay for it, because I know it's the right thing to do. Even it was an accident, I know I should pay for it. But being in a wheelchair is different. Have any of you ever tried to move around in a wheelchair? It's not easy. Being in a wheelchair is not something you choose like you choose to have a pet or a child.

The one wall in this apartment is designed in such a way that there's no way a wheelchair can get around it without bumping into it it.
There's a mudhole right outside the door. Believe it or not, it was actually designed that way. A person in a wheelchair would have to go right through it just to get inside the apartment. We put a mat over the mudhole, but stuff still gets on the wheels. You can wipe the wheels, but it's a major chore and isn't 100% effective. It's not like you can take the wheels off a wheelchair like you can take your shoes off (or wipe your pets feet).

But ok. I guess my relatives will just lose their security deposit.

Based on what a lot of you are saying, you seem to think the handicapped are second class citizens and are the same as an animal. Interesting. Very interesting.
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Old 08-29-2011, 11:36 AM
 
Location: Maine
2,272 posts, read 6,667,655 times
Reputation: 2563
That is not not what anyone is saying, for crying out loud.
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Old 08-29-2011, 11:57 AM
 
Location: Boise, ID
8,046 posts, read 28,469,020 times
Reputation: 9470
Quote:
Originally Posted by ittle View Post
What I am saying is that because the apartment was not designed to be wheelchair/handicap accessible, the walls and carpet were damaged. The apartment is not required by code to be handicap accessible. Your relative made that choice to knowingly rent a place that was not wheelchair ready, and should expect to pay for the damages they caused. Their other choice would be to find a wheelchair accessible residence.

These relatives looked all over the place trying to find a wheelchair accessible apartment and there aren't many around. Most apartments, houses, and places of business are not wheelchair friendly or even accessible. Aren't there supposed to be laws protecting the handicapped? There are...that's why the landlord had to rent to them, knowing they would have to deal with fixing the damages that would be likely at move out, and why the landlord couldn't collect extra deposit beyond what they would collect from someone else. That doesn't give the tenant carte blanche to damage things without repercussion.

There's a difference between causing damage because you're careless and because you're in a wheelchair. There's also a difference between a pet causing damage and a wheelchair causing damage. Yeah, there really isn't. Damage is damage is damage.

If I lived in an apartment where my pets or children damaged the carpet or walls, I would pay for it, because I know it's the right thing to do. Even it was an accident, I know I should pay for it. But being in a wheelchair is different. Have any of you ever tried to move around in a wheelchair? It's not easy. Being in a wheelchair is not something you choose like you choose to have a pet or a child. And I feel for those who have to live out life in a wheelchair, I really do. But that still doesn't give them the right to do damage to someone else's property without paying for that damage.

The one wall in this apartment is designed in such a way that there's no way a wheelchair can get around it without bumping into it it.
There's a mudhole right outside the door. Believe it or not, it was actually designed that way. A person in a wheelchair would have to go right through it just to get inside the apartment. We put a mat over the mudhole, but stuff still gets on the wheels. You can wipe the wheels, but it's a major chore and isn't 100% effective. It's not like you can take the wheels off a wheelchair like you can take your shoes off (or wipe your pets feet). Again, your relative chose to live in this place, knowing these facts. They should have asked for the mudhole to be filled in with concrete at move in. That would have fallen under "reasonable accomodation".

But ok. I guess my relatives will just lose their security deposit.

Based on what a lot of you are saying, you seem to think the handicapped are second class citizens and are the same as an animal. Interesting. Very interesting. As said, that is not what anyone is saying. You want them to receive even more special treatment than they already do. What we are saying is that, just like everyone else, they are responsible for damage that they cause.
My responses in red above.

The choice in this whole deal lay in your relative's hands. They knew that this place was not wheelchair friendly, and chose to rent it anyway. The landlord had no choice in the matter. Therefore, the tenant should expect there to be damages because of choosing to live in a place not designed for their lifestyle, and they should have to pay for those damages.
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Old 08-29-2011, 12:21 PM
 
11,411 posts, read 7,800,858 times
Reputation: 21923
Quote:
Originally Posted by ittle View Post
What I am saying is that because the apartment was not designed to be wheelchair/handicap accessible, the walls and carpet were damaged.

These relatives looked all over the place trying to find a wheelchair accessible apartment and there aren't many around. Most apartments, houses, and places of business are not wheelchair friendly or even accessible. Aren't there supposed to be laws protecting the handicapped?

There's a difference between causing damage because you're careless and because you're in a wheelchair. There's also a difference between a pet causing damage and a wheelchair causing damage.

If I lived in an apartment where my pets or children damaged the carpet or walls, I would pay for it, because I know it's the right thing to do. Even it was an accident, I know I should pay for it. But being in a wheelchair is different. Have any of you ever tried to move around in a wheelchair? It's not easy. Being in a wheelchair is not something you choose like you choose to have a pet or a child.

The one wall in this apartment is designed in such a way that there's no way a wheelchair can get around it without bumping into it it.
There's a mudhole right outside the door. Believe it or not, it was actually designed that way. A person in a wheelchair would have to go right through it just to get inside the apartment. We put a mat over the mudhole, but stuff still gets on the wheels. You can wipe the wheels, but it's a major chore and isn't 100% effective. It's not like you can take the wheels off a wheelchair like you can take your shoes off (or wipe your pets feet).

But ok. I guess my relatives will just lose their security deposit.

Based on what a lot of you are saying, you seem to think the handicapped are second class citizens and are the same as an animal. Interesting. Very interesting.
There are and should be laws protecting the handicapped. Unfortunately for your relatives, those laws do not protect the handicapped from themselves.
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Old 08-29-2011, 12:29 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,682,675 times
Reputation: 26727
Quote:
Originally Posted by ittle View Post
Based on what a lot of you are saying, you seem to think the handicapped are second class citizens and are the same as an animal. Interesting. Very interesting.
It's totally incomprehensible that you could have gathered any such thing from any of the responses. Interesting. Very interesting.
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Old 08-29-2011, 01:37 PM
 
4,918 posts, read 22,676,227 times
Reputation: 6303
One thing that the OP has not mentioned that I feel is important:
Did your relative make any written request for reasonable accomodation related to the use of a wheelchair?

Example,
Did they request handicap accomdiation for the mudhole?

Did they request wall guards?

Did they request carpet protectors?

Did they offer to pay for any modifcations to make access more accomodating?
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Old 08-29-2011, 05:52 PM
 
Location: NJ
17,573 posts, read 46,132,333 times
Reputation: 16273
Quote:
Originally Posted by ittle View Post

Based on what a lot of you are saying, you seem to think the handicapped are second class citizens and are the same as an animal. Interesting. Very interesting.
Actually what most people are saying is they should be treated exactly like everyone else. I kind of thought that is the way handicapped people wanted to be treated.
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Old 08-31-2011, 10:30 AM
 
912 posts, read 5,259,421 times
Reputation: 2089
Quote:
Originally Posted by ittle View Post
Based on what a lot of you are saying, you seem to think the handicapped are second class citizens and are the same as an animal. Interesting. Very interesting.


Let me fix that for you.

Quote:
Originally Posted by ittle View Post
I did not get the responses I personally wanted to hear, so you must all be very bad people.
Its amazing how people fight for equality and fairness, but when said equality and fairness brings them to the same rules and responsibilities as the rest of us; they now want special treatment. Interesting. Very interesting.
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Old 08-31-2011, 10:39 AM
 
Location: Downtown Harrisburg
1,434 posts, read 3,921,638 times
Reputation: 1017
Quote:
Originally Posted by ittle View Post
Based on what a lot of you are saying, you seem to think the handicapped are second class citizens and are the same as an animal. Interesting. Very interesting.
You seem to deliberately misrepresent what people are saying. Interesting. Very interesting.

I had some actual commentary on your scenario that might be worth knowing, but if that's your attitude, then good luck.
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Old 09-04-2011, 11:08 AM
 
Location: Apple Valley Calif
7,474 posts, read 22,877,385 times
Reputation: 5682
Quote:
Originally Posted by MrRational View Post
My point is that the definition of "normal" (wrt to wear and tear) expands when the tenant is known in advance to have circumstances that any idiot can see will lead to. Tread wear and turn radius damage is from "normal" occupancy.

If the consequent damage was not done maliciously... it's wear and tear.

The onus was on the LL to either direct the prospect to an ADA type unit or to somehow protect themselves IN THE LEASE. Based on what the OP indicates the LL did neither.

I'm not giving the LL a pass. Sorry.
As usual, your posts do NOT support your name. Very rarely are you rational....
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