Can I brake a lease due to financial/medical issues?

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Can I brake a lease due to financial/medical issues?

I have 7 months left on my lease; unemployed for the last 3 months. I had a son born last month with a rare medical condition that is requiring lots of physical therapy and doctorappointments. I spoke to my landlord who said I would need to give them 60 days notice, plus pay them $1700 for breaking the lease. I’m about ready to just walk away.

Asked on July 19, 2011 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You first need to read the express terms of your written lease with your landlord assuming you have a written lease to see if there are provisions in it allowing the early termination of a lease without penalty. The written agreement between the landlord and tenant on the subject of your question would typically answer your question.

If you do not have a written lease, or if you do and there is no mention of ways to end your lease without a penalty ($1,700.00), most likely you can end your lease due to financial and medical issues but you would still be responsible for paying on the lease for the remainder of its term.

However, the landlord is required to try and rent out the unit you wish to vacate to reduce any damages he or she might incur if you leave early and pay the desired amount of $1,700.00. If you pay the amount, you need to get something in writing from the landlord that best efforts would be made to lease out the unit you are leaving and if it is leased out during the balance of the term you have for it, you would get a refund of monies paid to the landlord when you are not living in the unit.

Good luck.


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