I really live in California, left my life there, picked him up in Ohio, then drove to Florida to rent an apartment for us. He has passed and I want to move back to California with my partner. I cannot afford a three-bedroom apartment by myself. Nor do I need one now that Dad is gone. However, I am stuck with the lease for 5 more months. Is there any way to get out of the lease because of his death? Management was well aware when we moved in and when I signed the last lease, that he probably would pass before the end of the year. They said they have no accommodations for that. I'm responsible for the remainder of the lease. I'm on disability myself. I have been caring for my father with Alzheimer's for 5 years now. Can anyone help?
3 Answers
Helpful Newest
First Oldest
First
But as someone stated read your lease carefuling before you call the lawyer. He/she will not give you very much time probably about 5 to 10 minutes. So make those minutes count.
1: The lease probably says you are jointly and severally liable for the rent. This legally means each of you is separately liable.
2: The law also says that they need to mitigate their damages. This means they need to show a good faith effort to find another tenant. They cannot hold you to the five months. Two to three months is usually the amount a court will allow them.
3: Please read the lease carefully now. There may be a provision that if you get a new job and the commute is more than a certain number of miles longer, you can terminate the lease. I know you are on disability but what about this partner. If you are legally married to them, you have a case for you have to move because partner"s job to too far to commute to. You may find some other thing in the lease that will help you.
4: The apartment people sound nasty. Skipping out on they seems OK. What would happen if you just went back to CA, stopped paying rent and left no forwarding address? They can't sue you if they can't find you. Would having this on your credit report actually harm you? You have to decide.
5 I'm assuming your dad had no money so there is no estate. If there is an estate and a lawyer, get them to handle it.
6: See if there is some agency in the state that helps people with landlord tenant disputes.
ADVERTISEMENT