Am I able to break a lease due to pregnancy?

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Am I able to break a lease due to pregnancy?

I’m from HI and was looking to move to CO. I had signed a lease in CO 5 months ago but then found out the next month that I was pregnant. I can no longer move to CO and must stay back in HI. I’ve been trying to contact the residential leasing office for the last 2 months to discuss the matter, but they never respond to my calls. Is there anyway to get out of this lease without paying a hefty fine?

Asked on July 29, 2011 Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First of all, you need to check your lease and see if this situation is covered (although typically it won't be). However, there may be a general provision for ending a lease early with a stated period of notice (i.e. 30 or 60 days). If not, then check the laws of CO, and/or even the specific city in which the premises are located (that having been said, in most places it is not legal to break a lease for medical reasons). You can contact a tenant's rights organization or an attorney who specializes in landlord-tenant matters for help with this. Finally, keep trying to reach your landlord to see what, if any, arrangements regarding a lease termination they are willing to make.
 
Otherwise, a lease is a contract and if you break it you are technically liable for the rent remaining on the lease term (plus any applicable fees). You should be aware however that landlords have a duty to "mitigate" damages"; that is to minimize damages by re-letting the premises as soon as possible.  This means that if you break the lease, your landlord has to advertise your unit try to and find a new tenant. If they do, they have to let you out of the remainder of your lease.  It will still almost certainly result in paying for at least a few months more but it may at least give you some financial relief.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First of all, you need to check your lease and see if this situation is covered (although typically it won't be). However, there may be a general provision for ending a lease early with a stated period of notice (i.e. 30 or 60 days). If not, then check the laws of CO, and/or even the specific city in which the premises are located (that having been said, in most places it is not legal to break a lease for medical reasons). You can contact a tenant's rights organization or an attorney who specializes in landlord-tenant matters for help with this. Finally, keep trying to reach your landlord to see what, if any, arrangements regarding a lease termination they are willing to make.
 
Otherwise, a lease is a contract and if you break it you are technically liable for the rent remaining on the lease term (plus any applicable fees). You should be aware however that landlords have a duty to "mitigate" damages"; that is to minimize damages by re-letting the premises as soon as possible.  This means that if you break the lease, your landlord has to advertise your unit try to and find a new tenant. If they do, they have to let you out of the remainder of your lease.  It will still almost certainly result in paying for at least a few months more but it may at least give you some financial relief.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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