Legal Question in Real Estate Law in California
breaking lease w/o penalties
My father is 86 years old and lives alone.He has just been diagnosed with
dimentia. He can no longer live alone, we have to move him in with us (75 miles away). Apt. mgr. states we must pay for the rest of the lease agreement,
9 mo.'s or till apt. is rented.
2 Answers from Attorneys
Re: breaking lease w/o penalties
Yes, the apartment manager is pretty much correct. The same thing would be true if he passed away instead of becoming demented - his estate would be responsible for the rest of the lease, unless and until the lease ran out or the apartment could be re-rented.
The landlord cannot collect ongoing rent unless he/she/it makes a reasonable effort to find a suitable replacement tenant, but other than that the obligation to make the lease payments is not excused by sickness, job transfer or even death. Oh, I think there is also relief for persons on active military duty who must move on military orders, under the WW-II era Soldiers' and Sailors' Relief Act, but that's it.
Re: breaking lease w/o penalties
does he have any assets? If not, they may have no recourse.
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