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Wonderment | If something devastating happens to a person, what rights do they have to ending their apartment lease? |
If someone has signed a lease but losses a family member and needs to move, what legal rights are there to get out of that lease? Are people seriously forced to stay in a lease without any exceptions?
Are there lawyers that deal with getting out of leases? |
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glenn
 |
I am a landlord. If you came to me as one human being to another, I might let you out of the lease. It would depend if I thought you would leave it very clean, pay your rent til you move out and probably let me keep the deposit unless I have re-rented it by the time you move out.
Legally. The lease is a contract. It is meant to be enforceable. Maybe a lawyer could get you out of it. |
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Max
 |
No, the death of a family member will not get you out of a lease. Your best bet is to talk to your landlord and appeal to his sympathetic nature to explain your situation and hope he gives you a break. |
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Donald C
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The lease question here depends on your location and the laws the govern lease contracts.
You might want to also consider which is more important money or relative support. |
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acermill
 |
Your rental lease has absolutely nothing to do with with happens to you and your personal situation after you sign said lease. I have yet to comprehend why lease signers think that personal situations change the terms of a lease. Lord knows that would NOT happen if you questioned the terms of an auto lease, as an example. Why would a rental lease be different ?
In other words, deal with the terms of your lease. |
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Inundated in SF
|
Most leases you can terminate early but usually you will be hit with a lot of penalty fees. You can try talking to your landlord but if he/she has had too many tenants who have made the same claim, it will begin to sound like a lame excuse (and many people will use any excuse even if it's not true ruining it for honest people so don't blame the landlord). If you never intend to use that landlord as a reference ever again, and if you don't mind losing your security deposit and whatever other monies you've already given him/her, then just turn in your lease termination paper and walk away. The landlord might want to take you to small claims court but that will cost him more money and time which most landlords won't want to bother with. |
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Pengy
 |
Crises happen to people all the time, it is a part of life, what I do not understand is that people in spite of all the communication abilities we have now is do not communicate. Have you spoken with your landlord and explained the situation to him/her? You know they are human beings and do have understanding, and most will reach a compromise. Yes it might cost you your deposit (leave the place in nice shape) and might take a month to get rented out again. Communication is the key, friendly communication. I have a great landlord, if something minor breaks I just take care of it, if I need to buy parts I just turn in the receipt with the rent check minus the amount. Never late on rent, if it is something major he is there within 24 hours. As stated before going the lawyer route have a good sit down with him and calmly explain your situation. My God nobody talk civil through problems anymore and that is a shame. |
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kunjaldp
 |
Only devastating thing covered in most of the residential lease is destruction of the property (apartment or house), death of lessee can automatically cancels the lease. Death of close relative generally do not affect the lease. |
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estielmo
|
Simply read the lease and see what is says about 'early termination' and negotiate on the penalty.
Family death does NOT let you out of lease without penalty. |
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josh_c
|
Legally, you have no right to leave at this point (well, no right to terminate payments, I guess -- where you physically go is your business).
Talk to the landlord as a person and you may be able to get a compramise. You may even want to try and find somebody that will state they are willing to move into the apartment you vacate.
"Are people seriously forced to stay" - yeah, when they sign a lease stating that they will stay for X number of months.
What would you say if your landlord said "I lost a family member and so the remaining members of that family are moving into your apartment and you need to leave within the next 30 days".
You would probably say "I have X months left on my lease, you can't throw me out". |
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godged
|
The lease is a legally binding agreement and the only devastating thing that would break the lease is if the property were to become uninhabitable.
You can try asking for a termination due to your situation, but the landlord doesn't have to grant it. It is also very likely you will lose any deposits you made.
Sorry for your loss, but with most landlords, business is business. |
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x=x*+v*t+(1/2)at^2
 |
You can ask for a compassion waiver but it doesn't have to be granted. |
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Ms. Lena
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Try to read your lease. There is a way for you to end it legally and reclaim your deposit. Usually if you have to break the contract they would only require something like ninety (90) days notice. Each agreement is different, check the section thats titled occupancy. |
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Bibs
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If you have a serious loss of income because of the death, discuss this with your landlord when you give him the 30 day notice that you are breaking the lease and moving. |
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