Legal Question in Real Estate Law in California

termination of lease for medical reasons

my roommate (20) and i (22) entered into a 1 year apartment lease with our landlords on august on 2001. in mid-november i became severely ill, requiring hospitalization and intensive treatment. on the doctor's reccomendation i moved back home to colorado. i paid an extra months rent in goodwill, however a new roommate has not been found to take my place. do i have grounds to withdrawl from the lease, based on the severity of the medical circumstances?


Asked on 12/16/01, 3:15 am

1 Answer from Attorneys
Wayne Smith Wayne V. R. Smith

Re: termination of lease for medical reasons

When you do not pay on a written lease, that is a breach. The issue is whether there is a legal reason for nonperformance based on your alleged medical condition. This falls within the doctrine of frustration, and this defense is limited to cases of extreme hardship. There must be a causation link between the failure of the contract and the basis for frustration. And as much as this appears to be a good argument, your subsequent medical condition does not appear to be sufficient to excuse nonperformance. There are practical reasons why a landlord would not pursue a legal recovery against a very sick tenant, but these are not a legal barrier. I would suggest communication to resolve the matter.

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Answered on 12/16/01, 4:39 pm


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