What do I need to do if my 88 year old father is in a convalescent home and I’d like to have him move in with me after discharge rather than return to his apartment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What do I need to do if my 88 year old father is in a convalescent home and I’d like to have him move in with me after discharge rather than return to his apartment?
The only way he could return to apartment living would be with home-health services, “meals-on-wheels”, etc. Are these sufficient grounds for breaking a lease or will my father have to pay a rather large penalty for leaving earlier than the one year term?
Asked on October 3, 2012 under Real Estate Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, your father will remain liable for the rent for the balance of the term of the lease or until the place is re-rented. When the place is re-rented, your father's obligation to pay rent ends. The landlord cannot allow the place to remain vacant without making reasonable efforts to find another tenant. If the landlord does not make reasonable efforts to find another tenant, the landlord has failed to mitigate (minimize) damages (the amount the landlord claims your father owes) and the landlord's damages will be reduced accordingly. Reasonable efforts on the part of the landlord to find another tenant will be determined by what other landlords in the area are doing to attract tenants; for example, posting a sign on the property advertising the vacancy, advertising the vacancy in the newspaper, online, in a local rental guide, etc.
If the place is re-rented, your father's obligation to pay rent ends as mentioned above; however, if the new tenant is paying less rent than your father, your father is liable for the difference in rent for the balance of the term of his lease. The landlord has to have a valid reason for charging the new tenant less rent such as market conditions. If the landlord does not have a valid reason for charging the new tenant less rent, the landlord has failed to mitigate damages, the landlord's damages will be reduced accordingly, and your father won't be liable for the difference in rent for the balance of the term of his lease.
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.