Legal Question in Landlord & Tenant Law in New Hampshire

Leasing

What will happen if a tenant has to break a lease because of medical reasons and hardship? My son recently had heart surgery and cannot work. He did not know that he was having the surgery then, when they moved into the apartment. They cannot aford the rent. It is already putting them in the hole, and they really want to leave the apartment on good terms. They have 3 children and want to move back with my husband and I to get on their feet again. What can they do? Thank you


Asked on 6/15/07, 10:50 am

2 Answers from Attorneys
Bruce L. Dorner Dorner Law Office

Re: Leasing

I'm sorry to learn of your son's condition. Most leases do not have a hardship clause. However, most landlords are not unreasonable. Perhaps your solution is more practical than legal. It might be worthwhile to meet with the landlord and discuss the situation. Perhaps you can help him find a new tenant. Remember, the lanlord only wants the property cared for and the rent paid. If he can part company with your son on good terms, it is beneficial to both parties.

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Answered on 6/16/07, 11:46 am
Roy Weddleton Granite Law

Re: Leasing

if your lease does not provide for a release for hardship then you can still break the lease. You should give at least 30 days notice and make sure the apartment is broom clean, take pictures.

The landlord has an obligation to try and release the apartment so that if there are 8 months left on the lease and he rents it in the next two months, you are only responsible for the remaining 6 months.

The landlord must take you to court to get a judgment against you but the court will make you pay only as much each month as you can afford.

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Answered on 6/15/07, 1:42 pm


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