How to get out of a lease due to health reasons?

UPDATED: Dec 17, 2012

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How to get out of a lease due to health reasons?

I have an excellent qualified sublet to move into my 1 room, in a 7 tenant house rented for students. The landlord is private not university. Our lease expires 6 months. I cannot go back into that house because they smoke, tare dirty and the air quality and other triggers increase my asthma (in fact, I have been hospitalized due to the asthma for 5 days and am scared to go back into that house). The Landlord said every tenant had to sign off on the sublet, however they are refusing and demanding that I pay without having anyone live there. I cannot afford that and cannot afford to risk my health. Do I have any way out?

Asked on December 17, 2012 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your health issues do not give you any right to get out of a lease, any more than the landlord's health issues (e.g. if he needed more money to pay for medical care) would give the landlord the right to increase your rent during the middle of a lease.

Normally, any tenant can sublet, without the agreement of the other tenants or even the landlord, unless the lease restricts the right to sublet. Therefore, you landlord may be wrong, and you may be able to sublet, or even assign (have somone take over from you entirely from) the lease, regardless of whether your fellow tenants agree or not.  You should bring a copy of the lease to a landlord-tenant attorney, who can review it and your situation with you and advise you of yoru rights and options.

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 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.

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