Can I be charged ifIhad to break my lease due to my father’s death?

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Can I be charged ifIhad to break my lease due to my father’s death?

My dad passed away so I missed a few days of work and couldn’t make rent. We moved out because they gave us a 7day to pay or go notice. They rented the apartment out days later. Now they are coming after us for thousands (breaking lease plus fees). Can they do that? Or is there a legal excuse there to break it like a hardship or something?

Asked on August 27, 2010 under Real Estate Law, Michigan

Answers:

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

Answered 10 years ago | Contributor

Unfortunately, there is no provision allowing for a "hardship" termination in a situation such as yours.  Occasionally, states allow for a termination due to military service or the like, but not for the death of a relative.  The fact is that a lease is a contractand if your are in breach you will be liable for money damages.  Just what those damages are depend on what was provided for in the lease itself.  You will want to read it.


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