Legal Question in Real Estate Law in Ohio

Grandmother

My grandmother is renting a trailer, has been for a few months. She is unable to really take care of herself. She has Dementia and we need to move her. The rental Comapny is threatening to come after her for the money, if we move her what can they do? She has Furniture and clothes, her retirment checks and that's it. So what can they get if we move her to a safer enviroment?


Asked on 2/20/09, 9:05 am

1 Answer from Attorneys

David Weilbacher, Esq. Attorney at Law

Re: Grandmother

Is there a written lease? If so, read it and determine how the lease may be canceled. If there is no lease, she is month to month, and you should give 30 days written notice of cancellation when you next pay rent, then vacate before rent is due again. This assumes rent is due on a monthly basis. If there is a lease, and there is no cancellation clause, there is a chance the lease is unenforceable. Did she have dementia when she signed the lease? If she was not competent, the lease may be void. Finally, if you have to break the lease, the rental company is under a duty to mitigate its damages. That means it has to take steps to re-rent the property right away. If the rental company cannot rent the property for the same amount, she may have to pay the difference. As a side note, if her "retirement checks" are social security, the rental company cannot garnish those funds even if it were to obtain a judgment.

Read more
Answered on 2/20/09, 2:22 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Ohio