Can my landlord make me pay rent even though I moved out?

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Can my landlord make me pay rent even though I moved out?

I moved out of a house because I was diagnosed with rheumatoid arthritis and unable to safely get up and down the more than 50 stairs to the house. I gave the landlord 6 weeks notice and explained the situation but he was not cooperative at all. First he wanted me to pay the rent for the remainder of the lease, then he said I could pay him a $1,000 buyout. I can’t afford this and feel like he is taking advantage of me. Are there laws to protect me because of my disabling disease?

Asked on January 5, 2012 under Real Estate Law, Kentucky

Answers:

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

Answered 12 years ago | Contributor

If you have not done so, first of all check the terms of your lease. See what, if any, mention is made of an early lease termination due to a medical condition (frankly, there probably is none). If not, then you will then need to check the laws of your state and locality. While they vary, unfortunately in most places it is not legal to break a lease for medical reasons.
 
Otherwise, unfortunately a lease is a contract and if you break it you are responsible for the rent remaining lease term (plus fees, if any). You should be aware, however, that landlords have a duty to "mitigate" damages"; that is to minimize damages by re-letting the unit as soon as possible. So in your case, this means that if you break the lease, your landlord has to advertise your vacant apartment and try to find a new tenant. If they do, they have to let you out of the remainder of the term. But you don't know how long this might take. You could also try to find a new tenant, but again this could take time and in the interim you would be liable for lease payments during that time. Bottom line, the fact is that if your landlord is willing to let you out of your lease for a $1,000, it might be a good deal for you all things considered. 
 

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.

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