Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
My 83 year mother rented a condo with a one year lease. Eight months into the lease agreement she has started to suffer from dementia, on top of a broken hip and two knee replacements. Her husband died four months ago and since that time has fallen several times and become disoriented. The landlord has refused to break the lease, only agreeing to let her out of the lease once the condo is rented. I have moved my mother to an assisted living. The condo has been emptied and cleaned and left in pristine condition. Is it possible to be released with a medical excuse and a letter from an attorney.
There are few states that grant any right to terminate a lease early based on medcial and age issues without the same recourse to the LL that is granted any other type of early termination. The geenral exception is when the person is declared incompetent. Just because they are old or prone to falling and other things isn;t an automatic right. You have to show that the person is a danger to themself and-or the community, or show they are completely unable to care for themself in a safe and healthy manner to usually be given some right to break a lease early. This does not mean you just say it and its so, you probably will have to have some type of "official" (usualy a court document) or other doumented thing.
I think this landlord is crass. if you dont have an attoney look for one and worse case scenario sign up for prepaid legal they will send documents on your behalf with legal letter heads and that may scare them. I dont think its right for them to do what they are doing.
My son recently needed to be relocated to a medical facility as a result of drugs and alcohol. He was sharing a house with 3 other roommates and there was massive alcohol and drug use on the premise. The lease states that the tenants can be evicted if substance abuse is found. My son has to go through a 6 month rehab and detox clinic and pay for medical expenses. I moved him from the unhealthy environment and left his room in excellent condition. The landlord is threatening to sew for the remaining 6 months. Any advise?
My son recently needed to be relocated to a medical facility as a result of drugs and alcohol. He was sharing a house with 3 other roommates and there was massive alcohol and drug use on the premise. The lease states that the tenants can be evicted if substance abuse is found. My son has to go through a 6 month rehab and detox clinic and pay for medical expenses. I moved him from the unhealthy environment and left his room in excellent condition. The landlord is threatening to sew for the remaining 6 months. Any advise?
Quote:
Originally Posted by Katelynntime
Isn't there anything to protect emergency situations? I can provide a letter from the facility.
A letter from the facility means nothing. Illness of whatever sort is not covered as a reason to break a lease, at least not in any state I'm aware of. If the landlord sues, your son will have to defend himself. The best thing you could provide would be copies of police reports your son filed regarding the drug use in the complex, and copies of the letters he sent to the landlord to get them to enforce their rules. If he didn't file any police reports and didn't send any written letters to the landlord, then your son doesn't have a defense. He just broke his lease.
On the other hand, depending on the state the property is located in, the landlord may have an obligation to mitigate the loss. In other words, he could only charge you for the x weeks it took him to find new tenants, plus cleaning and damages, if any. Possibly also utility bills. In other words, you'd still have to make the landlord whole for breaking the lease, but he couldn't just charge for the remainder of the term. If stated in the lease, there could also be a lease break penalty. Usually people end up paying between 1 and 3 months worth of rent total to terminate a lease early.
My son recently needed to be relocated to a medical facility as a result of drugs and alcohol. He was sharing a house with 3 other roommates and there was massive alcohol and drug use on the premise. The lease states that the tenants can be evicted if substance abuse is found. My son has to go through a 6 month rehab and detox clinic and pay for medical expenses. I moved him from the unhealthy environment and left his room in excellent condition. The landlord is threatening to sew for the remaining 6 months. Any advise?
What does your son's lease say about early termination? Once you find that, look your state's laws regarding early termination.
There is a process and if you didn't follow it, he could end up with an eviction and judgment on his record. If you cosigned for him, then it will effect you as well.
Did you give proper notice? Did the landlord know there were drugs in the unit and just ignored them? What about the police? Did your son do anything about the situation other than participate in the drug/alcohol use?
My son recently needed to be relocated to a medical facility as a result of drugs and alcohol. He was sharing a house with 3 other roommates and there was massive alcohol and drug use on the premise. The lease states that the tenants can be evicted if substance abuse is found. My son has to go through a 6 month rehab and detox clinic and pay for medical expenses. I moved him from the unhealthy environment and left his room in excellent condition. The landlord is threatening to sew for the remaining 6 months. Any advise?
There is federal case law stating that medical issues can be valid reasons to break leases without penalty [Samuelson v. Mid-Atlantic Realty Co., 947 F. Supp. 756 (D. Del. 1996)] under the Fair Housing Actbut because each situation is different, they are very fact dependent. It's highly likely--though definitely not certain--that a court would side with your son, but really all you can do is document everything well, state your case to the landlord and see what happens.
You might see if the facility treating your son has any legal resources that might be able to assist.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
