Legal Question in Civil Litigation in Indiana
Child comes home;want to buy home;break lease?
My husband & I lived in these apartments for 1 year. We liked it so much that we signed a new agreement for 2 years when our 1 year was up. The new agreement gave us a $$ break, in that it lowered our rent $60/mo.
Now, a change of guardianship is to occur with our daughter. The change stipulates that we must have 3 bedrooms for her to come home. Our apartment is only 2 BDR. We need to break the lease 1 yr shy of it's fulfillment. We have found a home that we can afford, and are ready to purchase. The worse thing is that our landlord is also a builder of expensive homes. He has said in the past, that we need to stick w/ our lease unless we build w/ him. But, we cannot afford his homes. We are willing to pay back the $60/mo that we didn't have to pay for a year and let him keep the $350 deposit to make up for his misfortune. I am worried mostly about our daughter. If we don't move soon, she may be placed elsewhere. Please help. Thank you.
2 Answers from Attorneys
Re: Child comes home;want to buy home;break lease?
I can't be sure without seeing your lease, so read it carefully. Your lease probably provides for a sub-tenancy - meaning you can relet the premises to someone else. Your landlord's consent is required for this, but he may not unreasonably withhold his consent. So - write a letter to your landlord; explain why you have to move; ask if he wants to find a new tenant and release you from your lease or whether he wants to find a sub-tenant to take over your lease or whether he wants you to find a sub-tenant to take over the lease. However he responds, confirm his response - or his non-response - with a followup letter. If he makes no response, then you should advertise for a tenant to take over your lease. When you first write to the person, feel free to state that you have consulted with an attorney about the matter. If it were me, I would risk the consequences and proceed with the purchase of the 3 bdrm home. You may decide differently. Good luck.
Re: Child comes home;want to buy home;break lease?
You need to explain your circumstances to the landlord. You are at his mercy due to your lease. He might forgive your obligations, however, he does NOT have to. I understand you are financially strapped thus hiring a lawyer is not an option. Most people a kind deep down. Best of luck.
Dr. Michael Cortson
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