My father has terminal cancer and isn't expected to live very much longer. He was living in a townhouse by himself until he got really sick last week and now is living in a hospice facility. He signed the lease for his apartment in February and it is for a year. My sister called the rental company Friday and they told her that we (our family) are still liable for the rent because my father is still living. Keep in mind that my father is the only person listed on any of the paperwork concerning the townhouse. Do we still have to pay?
2007-05-22 01:15:00 · 8 answers · asked by Lyzz 2 in Business & Finance ➔ Renting & Real Estate
Thanks for your condolences. We live in Tennessee.
2007-05-22 01:33:12 · update #1
There's no way for them to force you to pay, and since your father is terminal (my condolences, btw) I dotn see how they could force him either. They're trying to scare you into paying the money.
Now, legally, you have to give 30 days notice that you have moved. After that 30 days if the rental office has not attempted to rent said apartment to anyone else then a court would find them at fault. This is all assuming the company tried to sue your father. Since your father is already in hospice I would guess that by the time they got to the point of having a case in court, your father would have passed away.
If you or any other family members did not sign the lease then there is no way you are responsible for the debt.
2007-05-22 01:27:06 · answer #1 · answered by lindsay74 3 · 0⤊ 0⤋
Unfortunately, leases are written for landlords and not tenants. Absent any provision allowing the tenant to be released from the lease due to illness, your father is still legally responsible for the rent. As a practical matter, I would give notice that my father intends to move out, and get his things out of there. There are several reasons for this. First, once the townhouse is empty the landlord has a duty to try to rent to someone else. That means they must advertise the space and rent it to a qualified renter if one shows up. Depending on the rental market in your area, your father may only owe one or two months rent instead of the remainder of the lease.
Second, the landlord may not want to sue for the back rent anyway. If your father is ill, any attempt to sue him would only be delayed. Ultimately a claim will have to be filed against his estate and it could take a year or more to get any funds from the estate.
I would outline the above to them and then offer two months rent as full settlement of the lease. If they do not take that then I would simply fight them on every issue.
2007-05-22 01:31:00 · answer #2 · answered by Anonymous · 0⤊ 0⤋
problematic question. I observed the subject precise from the beginning up ( "We ORALLY agreed") enormous mistake there. you should understand to have each and every legal undertaking documented by way of writing. as far through fact the restraining order i might think of thats an entire different undertaking and may be the determining element on who pays the lease. That is going into an entire international of technicalities so i doubt we are in a position to help. happy to assist
2016-10-31 02:12:01 · answer #3 · answered by labounty 4 · 0⤊ 0⤋
give the landlord 30days written notice that your vacating due to his terminal illness. as long as it is in writing then you will have something to stand by. u and ur family are not liable, but if he does in fact continue owing money than hey might seize his bank accounts to recover the funds. call the building manager and speal to him ASAP. do not speak to anyone else but the manager. Make him aware of the situation. agree to let him keep your security since ur breaking the lease agreement but let him know that u can provide documentation for his terminal illness. (good luck and dont let these people intimidate you)
2007-05-22 01:48:33 · answer #4 · answered by spadezgurl22 6 · 0⤊ 0⤋
Your father, while living, remains liable for the rent. You personally are not, since you are not a signatory to the lease contract. At the time your father passes away, the lease becomes void, since one of the signatories (your father) is no longer alive.
Any remaining unpaid rents are due to the landlord from the estate of your father.
2007-05-22 01:27:11 · answer #5 · answered by acermill 7 · 1⤊ 1⤋
it depends on what state you live in, the landlord tenant acts in each state will say different things, your best option is to go talk to a lawyer,put the rent into an escrow account, and find out what your options are,
also if you cant afford a lawyer, you can go talk to legal aid and get a consultation, they have amazing lawyers as they just helped my family settle a claim in which we were set to be homeless.
hope your father goes peacefully and is ready for it
my best wished
2007-05-22 01:27:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Check with your locale renters hotline every state should have one, bu unless one of these relatives is his wife I would say no. I think the rental company is wanting to bully you into getting them their rent money. the dr. and hospice should be able to provide documentation as to your fathers frail state of health. Good luck
2007-05-22 01:27:02 · answer #7 · answered by Gayle L 6 · 0⤊ 0⤋
well..yeah..i mean someone will....life isn't free
2007-05-22 01:23:05 · answer #8 · answered by rayray23_m_es_indy2005 2 · 0⤊ 2⤋