Can I break my lease with notice if I’m an 84 year old and have been confined to a nursing facility due to a broken hip?

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Can I break my lease with notice if I’m an 84 year old and have been confined to a nursing facility due to a broken hip?

I cannot and will not move back to after my rehab. I will be moving into an assisted living facility.

Asked on December 27, 2012 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you may not break your lease without notice in this situation. The lease is a contract; a contract may not be broken without penalty simply because it is now in the interest of one of the parties to do so. Just as the landlord could not break your lease without penalty if he, say, lost his own home and wanted to now move into your unit, you cannot break your lease because it would now be better for you to live elsewhere.


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