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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

father in hospital and i need to break lease

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Old Sep 26th, 2008, 04:44 PM     #1
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Default father in hospital and i need to break lease

My father currently had a heart attack about a month ago.. He was highly medicated and ended up with brain damage. He currently cannot sign anything nor talk. So Power of attorney is out of the question. I paid his rent for his apartment in September but now coming up in october she will not allow me to break the lease without POA or guardianship.. I am in the process of getting guardianship but it takes so long. Do I have any other options? If I do not pay the rent what will happen?
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Old Sep 28th, 2008, 10:32 AM     #2
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Default Re: father in hospital and i need to break lease

If the rent is not paid, the LL likely will issue a Pay or Quit notice, followed by eviction of your father. His belongings can be set out on the street following an eviction.

I know it sounds harsh, but the LL is running a business. Imagine if the person was leasing your father a car instead of an apartment. They would come and repo the car after no payments are made. They wouldn't wait because he was in the hospital. They are out the use of the car, unable to rent it to anyone else, and are not being paid for the use of it. They are losing money on the use of that car that they could rent to another person. The apartment is the same. The LL either needs the rent or to be able to re-rent the unit to someone else so he/she can make the mortgage payments.

Please list your state. Some states have laws that say the LL must take diligent efforts to re-rent the unit if you break the lease and move him out. You could also negotiate a lease buy-out (of one to two months rent for him). You could do this once you have guardianship of him. Until then, his rent continues to accrue. In some states, even the death of the tenant does not break a lease. The estate is still responsible for the rent and to remove his belongings.

I don't have a good answer for you. You will have to continue to pay the rent for him or he will be evicted. My apologizies for not being able to give you the answer you want and need.
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