If a couple are married with say, 3 kids. The mother is a stay at home mom and the dad works and is the sole provider. Say the dad committed suicide and the mother is widowed. Since she was not working, she can't afford the apartment they were renting. Are their laws saying she can't break the lease to move back home with her folks, or is she still obligated to fulfil the lease, even though she is not working?
2007-06-28 08:07:37 · 10 answers · asked by Nyema 3 in Politics & Government ➔ Law & Ethics
Most municipalities have agencies which offer emergency aid to persons in this poor souls position. This can include cash aid for rent and other expenses, medical care for her and the children and Food Stamps to feed them. This should
be the first issue.
Second, as to the lease there is a defense to breach of contract called "Impossibility of Performance," which can in some cases excuse an otherwise actionable breach of contract. It may also be possible to work something out with the landlord to have another tenant suitable fo the landlord to come in and assume her duties under the lease.
Worst case scenario, she could be on the hook for whatever time that it took the landlord to relet the unit in terms of rent. The landlord must, of course, use his best possible efforts to relet the uinit in as short a time as possible.
2007-06-28 08:17:36 · answer #1 · answered by Jeffrey V 4 · 0⤊ 0⤋
Most lease agreements contain a clause that spells out what exceptions are allowed to break the lease. But, I have never seen one that includes suicides. So, legally and technically, no, she cannot break the lease. The fact she is not working is none of the problem for the landlord.
Also, the law says, once agreed upon, the agreements are valid. There isn't a law that says why you can't void it for your own reasons. That's backwards.
With that said, in such EXCEPTIONAL cases, it is just a matter of asking the landlord. I doubt anyone in reasonable mind will try to enforce the lease - which he/she would never be able to collect anyway.
2007-06-28 15:18:08 · answer #2 · answered by tkquestion 7 · 0⤊ 0⤋
If she is on the lease she is leagally obligated to the terms of the less regardless of the circumstances. However, if she is not on the lease the landlord's only recourse is against the estate of the husband. It willnot be worth his time or effort to go after the estate. Now if you are on the lease then you are on the hook. However, if you break the lease the landlord will have to go after you for the rent and that will cost time and money. He would also have an obligation to mitigate his damages. I hope this helps.
2007-06-28 15:12:17 · answer #3 · answered by Illinois-Lawyer 2 · 0⤊ 0⤋
It seems to me that if the husband was named on the lease, with or without the wife, the lease would be terminated at the time of his death.
2007-06-28 15:19:52 · answer #4 · answered by MelB 2 · 0⤊ 0⤋
Talk to the landlord. They might be willing to let you out of the lease instead of going to the expense and time in evicting you. Explain to them that you no longer have an income and that are unable to pay the rent. Pray they are understanding.
If this person is you,my deepest sympathies.
2007-06-28 16:38:57 · answer #5 · answered by Jan 7 · 0⤊ 0⤋
Actually, that did happen to my husband's family. His mom (when he and his sisters were small children) broke the lease, moved back in with family, then moved out of the city for good. I don't think there's any recourse.
2007-06-28 15:13:00 · answer #6 · answered by Princess of the Realm 6 · 0⤊ 0⤋
That is so sad! Unfortunately if her name is on the lease they can hold her to the terms. Given the circumstances they may show some mercy and let her out without penalty.
2007-06-28 15:11:54 · answer #7 · answered by BOOBABY 3 · 1⤊ 0⤋
it would depend on how the lease is written and whose name is on it. generally if they are both on the lease and one is deceased the lease can be terminated with say a 30 or 60 day written notice.
2007-06-28 15:10:41 · answer #8 · answered by Tif 4 · 0⤊ 1⤋
if your name is on the lease then yeah you can be held responsible.. but maybe if you talk to your land lord he may let you off... don" t forget to go to social security.. you should be getting 3 checks a month for each of your children.. until they reach 18.. they will be able to draw it off your late husband
2007-06-28 15:21:46 · answer #9 · answered by vis 7 · 0⤊ 0⤋
If she's on the lease she's financially obligated to pay. She can still leave - they'll just put it on her credit.
2007-06-28 15:10:22 · answer #10 · answered by CHARITY G 7 · 1⤊ 0⤋