I have a friend who lives in a regular apartment complex, been given dementia diagnosis and can't get out of his lease. Any suggestions?
Been given an early stage dementia diagnosis and can't get out of lease to move. Need help to cancel lease to allow for move to a senior living complex.. any help welcomed!
How much longer is the lease? Early dementia should allow plenty of time to find the next place and meet the terms of the lease. Finding a place and moving takes time.
You don't say how long the lease is for, and if your friend is in the early stages and is still able to function independently, cook, clean, drive... then maybe he should start looking around for senior living facilities and be secure in knowing that he at least has a lease and place to stay for a pre-determined period of time. Is there a clause in the lease where he can pay a penalty fee for breaking the lease and moving out early? If not, depending upon the financial situation, they should seek out the services of an elder law attorney or legal aide (which often charges on a sliding scale based upon income). If it's Alzheimer's type dementia, consider calling the Alzheimer's Association. You might also consider calling 2-1-1 and asking for information or you can call the Area Agency on Aging.
How old is your friend, over 60... under 60? How long is the lease for? What are his symptoms? What is the cause of his dementia? Is it a disease or is it treeatable? These are all important q's. Having early dementia symptoms does not mean a person cannot live a near normal life. Dementia symptoms progress slowly and unless there is a concern for his safety, he may be able to complete his lease before leaving. If "senior living complex" means independent living, he may as well stay at the apt.
If his symptoms are to the point he can't live independently, then assisted living is where he should apply. Read the lease to see if there's an escape clause. If his dr. documents that he cannot live alone, that may be his out. If a cancer patient needed fulltime care, would the lease be terminated early? I'm sure it would.
So to recap, your friend may be able to function near normal for sometime time (even yrs.) allowing him to stay in the apt. If not, request a letter from the dr. To many people someone with dementia seems perfectly normal and don't seem to need any special considerations.
"What the Hell Happened to My Brain" is a book written by a woman who, after being diagnosed with EOAD, traveled the world for speaking engagements, acquired an advanced degree, was a corporate board member, etc. So it all depends on the degree of symptoms as to whether he can still function independently or not.
Get a more accurate diagnosis (AD, LBD, etc., or treatable symptoms- there are over 80) and pronosis from the dr.
When you say Senior Living Complex, are you talking about independent living? Your friend should be considering a care community that has a spectrum of care levels, so that when he needs AL then MC or LTC he's already in a familiar place and doesn't need to worry about moving or waiting lists. Regarding the lease...I'm not an attorney but I'd be asking myself, "What's the worst that can happen if I walk away from the lease?" I don't think I'd be worried about my credit score unless your friend will need it when applying for residence in a senior community. But these are hard times for landlords in many cities due to covid...their ability to sublet or re-rent may not be the same as in past times, so ethically...the least your friend can do it find a subleasor that the landlord approves.
Has his Power of Attorney or Guardian or Conservator spoken with the landlord about the need for Senior Living move. The argument of course would be that his living alone in this apartment constitutes a risk both to himself and to the landlord and other tenants. At that point it would be negligent for the landlord to insist the tenant stay and finish the lease, because the landlord would have been notified (by certified mail) of a diagnosis of dementia and or a need to move to safe care. It is quite likely that the landlord would agree at that point to cancel the lease. How much time is left on the lease? The facts are that it is very difficult for any landlord to prosecute someone who simply moves. We are landlords and we have never done so. It isn't worth all the court stuff and in our city you have mitigate any losses by trying to re rent, and re renting is easily done. In our opinion it is much easier to let a tenant leave and wish them good luck; there is always a reason for having to early vacate a lease. You could just have a good landlord here. Who is to say. I hope someone versed in legalese can give you another idea.
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If his symptoms are to the point he can't live independently, then assisted living is where he should apply. Read the lease to see if there's an escape clause. If his dr. documents that he cannot live alone, that may be his out. If a cancer patient needed fulltime care, would the lease be terminated early? I'm sure it would.
So to recap, your friend may be able to function near normal for sometime time (even yrs.) allowing him to stay in the apt. If not, request a letter from the dr. To many people someone with dementia seems perfectly normal and don't seem to need any special considerations.
"What the Hell Happened to My Brain" is a book written by a woman who, after being diagnosed with EOAD, traveled the world for speaking engagements, acquired an advanced degree, was a corporate board member, etc. So it all depends on the degree of symptoms as to whether he can still function independently or not.
Get a more accurate diagnosis (AD, LBD, etc., or treatable symptoms- there are over 80) and pronosis from the dr.
The facts are that it is very difficult for any landlord to prosecute someone who simply moves. We are landlords and we have never done so. It isn't worth all the court stuff and in our city you have mitigate any losses by trying to re rent, and re renting is easily done. In our opinion it is much easier to let a tenant leave and wish them good luck; there is always a reason for having to early vacate a lease. You could just have a good landlord here. Who is to say.
I hope someone versed in legalese can give you another idea.