Can you get out of a lease for medical reasons?
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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 14 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.
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