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Daughter, senior in college is suffering from depression, and is dropping out, moving home, and attempt to recover. Doing so, she will break a yearly lease, 6 months early. She has lived in building 30 months, as has been a good renter. Depression is diagnosed by MHCP, and she is taking prescribed medication.
Question, can she break lease due to health concerns, or are we on the hook.
However, does she have an early termination clause in her current lease? Sometimes it's equal to 2 months rent. Once that is paid then tenant owes no more. Some leases have them and some don't.
Even if this isn't in the lease, you can attempt to negotiate it with the landlord. Just make sure they give something in writing saying that that she owes no more rent due to early lease termination lump sum fee. You would call the landlord, explain the situation and ask if they will allow her out with no fee. (and get approval in writing that she owes no more rent as of move out date). if landlord says no, try to negotiate and say you will pay 1 extra month rent as Early Termination Fee and even if landlord rerents to someone else quickly, they can keep the Early Termination Fee. Try for 1.5 months amt for the fee, or 2 months,if they don't want the lower amt. With early termination fees the landlord can rerent quickly and can still keep the fee. This makes it enticing to landlord because they can legally double dip. The good thing for tenant is that if landlord doesn't rerent for 6 months, the landlord cannot get remainder rent from tenant since termination fee was agreed upon. It's a win-win, IMO, for all.
If early termination fee doesn't work out, then see if your state requires landlord to mitigate damages. this means landlord must attempt to rerent and as soon as new tenant moves in, your daughter doesn't owe future rent. She would simply pay monthly rent on each normal due date (even when she's moved out), but she only pays rent for the days it's vacant.
...break lease due to health concerns or are we on the hook?
As on the hook as anyone else would be with YOUR landlord and YOUR state laws.
You won't have to pay the entire six months balance...
and you shouldn't have to pay any special "fee's either.
But you can expect to pay for every minute you still have occupancy
and for whatever it costs to clean the unit for the next tenant...
so that the LL can RE-RENT the space asap as is THEIR obligation and in their best interest.
Even in mid winter in snow country...
they should still be able to rent the place (at same rate as now too) by end of Feb.
That scenario, clean and out before Jan 31, would have you owe no more than one month.
Deposit Cant be used like rent! You have to pay 2 months up front ... IF the Apt is clean & No Damages After you DD moves & Every thing is paid per the agreement. Then the LL returns the Deposit. Per the state law where the DD rents.
I dont understand why she needs to move. She seeing a Dr She taking the meds. Her life is Not over. She can still got to her classes &/or Work. Meds wont kick in for a week or 2. After that she either need different meds from the dr or she be fine.
She doesn't get to break the lease because of her health.
However, I suggest the you speak to her landlord and see what arrangement you can come up with.
It's possible that there won't be any of that deposit left after damages and cleaning are taken out. One month's additional rent would be mighty cheap to break a lease and I doubt that you'll get off that cheaply.
It depends upon where you are located how quickly that apartment could be re-rented. Where I am, there is 4 foot of snow and nobody is moving, so I could not get a place rented by the end of February, no matter what other landlords in other parts of the country claim is true for the entire country.
Also, if it is student housing, it is going to be harder to re-rent in the middle of winter. Student housing is rented for the school year and very few new students are starting school in January. Don't write your budget thinking you are getting out of the lease for only one month's rent.
Have you considered or investigated the impact of the possible bad credit consequences upon your daughter's future ability to rent again? The 6 months rent cost might pale in comparison to being put on a blacklist.
Yes security deposit should not be used as rent. Specifically as last month. However, it is a common practice.
Not Here! You Leave with out paying that last months rent LL take it you court! The it Blackballs you from renting again. So unless Mom wants her DD to live with her till DD Dies she best Not take a chance. I know 3 people that are living in Homeless Shelters cause they pulled this stunt!
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