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Landlord refuses to allow a disabled man to break a lease despite medical documentation

David York liked his two-story condo, but he couldn't get up and down the stairs. Between a surgically repaired hip and a bad heart, it was simply too tough.

LEWISVILLE, N.C. — David York was tired. Tired of not feeling well. Tired of only being able to walk a few hundred feet without needing to rest. Tired of not being able to walk up and down stairs.

“Imagine just a sick feeling deep inside your hips, then add on my heart issues,” York shared.

Since he was little, York has dealt with a major heart issue. He’s had several surgeries, and more are required. Through it all, York has maintained a positive attitude and hasn’t let his health control his life.

“I do what I can,” York said.

While his heart has always been a problem, York recently had a hip replacement and has been dealing with other medical issues. The combination has changed his life dramatically. York is no longer able to move about for long periods of time and it is almost impossible for him to navigate up and down stairs.

“I’m on my third pacemaker. It got to point with the stairs and my hip, I just can’t traverse them any longer,” York said.

After consulting with his doctors, York decided the best course of action was to move into a single-story home or apartment. York reached out to the management company at the townhome he was living in and informed them he would have to break the lease.

“When I told them it was a medical problem, they were like we really don’t care,” York said.

The company told York if he moved, he would still be responsible for the remaining months of his lease or must pay upwards of $10,000 to break the lease.

York moved out of the unit a few weeks later and almost immediately was sent a late notice. York again explained the issue and even provided medical documentation, but it didn’t seem to matter. The company told him he must pay, or it would seek other means to collect the money.

“(I was sent) threatening letters, such as you need to pay or we will turn you over to collections,” York said.

About a month later, York contacted WFMY News 2 for some assistance. We did some research about the laws in North Carolina when it comes to breaking a lease for documented medical reasons. We also reached out to a representative for the Americans with Disabilities Act.

We gathered several pieces of information about the rules and policies and sent that to the management company. We also asked if someone from the company would like to speak with us about why it was attempting to collect money from a person who was advised by doctors to stop walking up and down stairs.

“I think a couple of calls (from you) sort of changed their mind about wanting to pursue this,” York said.

Within a few days, the landlord decided to drop the claim and asked the collection agency to close the case.

“I (want to) thank you so much. I see the things you do for others, (that’s) what made me call you,” York said.

York is now living in a small single-story home but is still dealing with health issues. More surgeries are scheduled in the upcoming months, and if all goes well, doctors hope it will improve his stamina and quality of life.

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