Can we break our lease bc a loved one is ill in another state?

This is a discussion on Can we break our lease bc a loved one is ill in another state? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; We have 9 months left on a year rental. My husband's mother has recently been diagnosed with cancer. We would ...

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Old Dec 11th, 2008, 02:53 PM   #1
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Confused Can we break our lease bc a loved one is ill in another state?

We have 9 months left on a year rental. My husband's mother has recently been diagnosed with cancer. We would like to move to NJ from FL to be with her. What are our options?
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Old Dec 11th, 2008, 05:26 PM   #2
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Default Re: Can we break our lease bc a loved one is ill in another state?

You cannot break your lease without consequences. FL law says the LL has no duty to try and re-rent the unit. He can leave it empty and just collect the rent from you. (Once you sign a lease there, you are responsible for the entire term.) Does your lease say anything about early termination? Does it have a termination fee (usually one to 2 months of rent)? If so, ask to use the early termination clause by offering in writing to pay the fee if let out of the lease by xx/xx date. Get their approval in writing that says you will have no further obligation under your lease.

If no mention of early termination in the lease, write to the LL and explain the situation. See what he says. He may allow you out without penalty. He may offer you an out with a termination fee. Or he may allow you out if you find a qualified replacement tenant for him. You will have to negotiate a lease termination from him, and then get the same letter from him to say you have no further obligation. Good luck.
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