Can you get out of a lease for medical reasons?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can you get out of a lease for medical reasons?

Our son is a college student, and has been living in an apartment with another student for the past 4 months. We signed a 9 month lease on the apartment. Without going into a lot of detail, he had to be hospitalized last week and because of a medical condition, his doctors think it would be best if he moved back home with us. I know the doctor would write something saying that it is very important for him to be with us, which we will do either way. We have not approached the apartment complex yet, but just want to be prepared when we do.

Asked on November 22, 2010 under Real Estate Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, under the circumstances he is still liable for the remaining rent of the lease term.  That beinfsaid however, his landlord is under a duty to "mitigate damages";  this means that they must use reasonable efforts to find a new tenant.  If they do, then at such time, your son will be relieved of any further rental obligation.

Perhaps, he knows of someone who would like to move-in?  This certainly would solve his problem.  Also, ask if he can sub-let the unit; in effect he then would  become the "landlord".  Under the circumstances, he could charge the sub-tenant less than what he was paying but at least it would give some monetary relief.  Something is better than nothing.  However, he would most likely need his landlord's permission to do this.  But it's a possible option here.

Finally, and obviously, see what you can work out with his landlord up-front. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption