My mom was living in an apartment in texas, and became very ill. She renewed her lease for 7 months just before she got very ill. She suffers from mental illness and was in the hospital, she has a doctors note, and they refused to allow her out her lease. She got so ill and couldn't take living there anymore, and just left she's been living with me ever since. They are now trying to charge her for the entire balance of a lease in which she didn't stay 1 day. Is there anything she can with out paying thousands of dollars? Does she have a small claims case?
2007-07-18 16:21:56 · 9 answers · asked by I'm The Man 1 in Business & Finance ➔ Renting & Real Estate
Sorry for your mother's condition. However, in reality, unless you can medically document that she was mentally ill to the point of not being sufficiently competent to legally contract a lease, you may be stuck.
Of course, the documentation of mental incompetence would have to PRECEDE her signing the lease.
In some states, the law requires the landlord to make every effort to re-rent the facilities involved. However, the person breaking the lease remains liable for rents until re-rented, plus any costs involved with procuring a new tenant.
You may seek legal counsel, but my guess is you are stuck unless you find an overly sympathetic judge.
2007-07-18 17:03:19 · answer #1 · answered by acermill 7 · 0⤊ 0⤋
Unfortunately she is still liable for the balance of the lease OR until they place a new tenant in the unit, whichever comes first. The landlord DOES have an obligation to make a reasonable effort to place a new tenant, however. Also, courts in many jurisdictions have held that 2 months is sufficient time for a landlord to place a new tenant. Of course, local conditions can affect that either way. (TX courts have held that way, by the way.)
Don't bother with the PD's office at the court. They're there for criminal cases only. Legal Aid may be able to assist you however. Look them up in the phone book. Also, many attorneys will give an initial consult for little or no fee and many do take on pro-bono work from time to time.
2007-07-18 16:54:04 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Contact your local county court house and ask to speak with a public defender. The laws on this vary from state to state. If you have documentation that your mother was mentally ill at the time she entered into the lease, you may have a chance to break the lease. However, it will probably depend upon the degree of mental instability at the time. Good luck!
P.S. I have never heard of getting out of a lease just because you got married. And I'm not sure about military deployment either (although it would be the moral thing for a landlord to do in this case).
2007-07-18 16:31:07 · answer #3 · answered by JM 4 · 0⤊ 1⤋
Typically there are no medical clauses for termination of the lease. Now, if you can prove that she was not mentally competant to sign a legal contract you may be able to get her out of paying in that respect. Read the lease.
2007-07-19 10:28:15 · answer #4 · answered by jjmoose2001 2 · 0⤊ 0⤋
Usually there is a reletting fee and loss of deposit. I'm not a lawyer but my leases state I can accelerate the entire cost of the lease but I don't think a judge will allow you to recoup more than the loss of rent and expenses to clean it up again. So if they rented the apartment and are receiving rent, they probably will not get away with getting double rent. Also, a thought, if your mother is mentally incompetant and can prove it, she cannot legally sign a lease. The lease is null and void. Try talking to them from that stance. If you can prove it, you have a right to all of her money back. Try talking deal but they are trying to get all they can get-it's their job.
2007-07-18 17:28:33 · answer #5 · answered by towanda 7 · 0⤊ 0⤋
Check the copy of the lease she has, but in most cases, the only ways to get out of a lease are marriage, military deployment, and death. Sorry.
2007-07-18 16:30:15 · answer #6 · answered by Rachel M 4 · 0⤊ 0⤋
If she could still legally sign contracts at the time, had access to a chicking account, that sort of thing then she is liable for the contract she signed. It was her apartment, it does not matter how long she actually slept there.
2007-07-18 16:34:38 · answer #7 · answered by Landlord 7 · 0⤊ 0⤋
Unless you can get a doc to say she wan't in her right mind when she signed the lease you or her estate will be stuck paying for the agreed lease.
2007-07-18 16:34:36 · answer #8 · answered by Lupin IV 6 · 0⤊ 1⤋
if all they are doing is sending a bill, ignore it (but keep it in case it goes into litigation). or you could consult an attorney to write up something to scare them into leaving her alone - that probably shouldn't cost too much. if they try to sue, counter sue for pain and suffering or something like that (at least to be re-imbursed for your legal fees). keep an eye on her credit report too.
2007-07-18 16:36:08 · answer #9 · answered by nobody knows 2 · 0⤊ 1⤋