Legal Question in Elder Law in Florida

My older brother lives in FLorida by himself and has become mentally incompetent to live on his own and has been moved to a nursing home. He is alos physiclly unable to live on his own. He leases an apartment which does not expire until March of next year. I have POA for my brother. Given his current mental and physical condition, can I terminate his apartment lease before the expiration date, If so, what do I need to accoplish this.


Asked on 10/20/09, 1:23 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You can certainly contact them and let them know to put it up for lease. Your brother remains responsible for lease payments until it is relet or the lease ends, though, unless the landlord agrees to waive it, which they might. Ask nicely.

Read more
Answered on 10/20/09, 1:38 pm
Lucreita Becude Lucreita D. Becude, P.A.

Since you have power of attorney, you certainly may cancel the lease. However, be prepared to pay the payments until the unit is either leased again or until the lease runs out. Be sure to read the lease in the event there is a clause for allowing the lease to be broken.

Read more
Answered on 10/21/09, 3:32 pm


Related Questions & Answers

More Elder Law questions and answers in Florida