Can my landlord still charge me?
I found out about a week ago that I have leukemia. Obviously, I can’t live on my own while treatment occurs or afford rent since I can’t work. The lease says 60 day written notice. Which would be almost 2 months rent. He says I’m breaking contract, there has to be some proviso or loophole, right?
- RichardLv 61 month ago
i would speak to a lawyer about your scumbag landlord
- EastLv 41 month ago
I doubt it but you can claim discrimination based on a medical condition. I doubt that it will work, but a landlord likely won't sue you for a month's rent if you move out. He'll just keep the security deposit. If it's a small landlord, he may not be able to report it to a credit bureau, so all you'll lose is your security deposit.
Also, a landlord has an obligation to "mitigate" damages and find a new tenant asap. The two months of rent that you would owe would be reduced by amounts that the landlord would get from a new tenant.
If I were you, I'd go to the landlord and just ask for merciful treatment and tell the landlord that you'll pay for the time between now and the time the landlord finds another tenant, and I'd start trying everything to find a replacement tenant.
As a landlord, I wouldn't want to go after someone who was in a hard place and showed good faith.
However, a contract is a contract and the landlord has the right to enforce it.Source(s): I am a landlord and a lawyer
- garryLv 41 month ago
yes he can charge you , after all he is losing money isnt he .
- sunshine_melLv 71 month ago
There's no loophole; the lease makes no provision for you being ill or unable to work for any reason.
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- Christin KLv 71 month ago
You might win this argument in a court of law. But unless you take the landlord to court or the landlord takes you to court to get his rent, you won't ever get that opportunity.
You have a valid medical reason for not continuing your lease--so stop, and move out. Let the landlord take you to court for it. Then throw yourself on the mercy of the judge for that two months rent by explaining WHY you couldn't honor the remainder of the lease. Yes, it's a contract, and TECHNICALLY he can demand the payment from you--but it won't look very good in court if you're undergoing treatment for a terminal illness--and he just wants his rent--will it? That's what I'd do--but you must do what you feel is right.
- Elaine MLv 71 month ago
A contract is a contract. Yes they can charge you.
- Ron AkiaLv 61 month ago
Unfortunately, unless there is a clause within the lease, you're still fully responsible for fulfilling the terms of the lease.
- curtisports2Lv 71 month ago
Wrong. Your personal issues, while unfortunate, are not the legal responsibility of the landlord. And 60-day notice does NOT apply to getting out of a lease. It is the legal notice period you (and the landlord) must give to one another if either of you decides to not continue on once the lease expires. It doesn't get you out early.
Now, the lease may contain an early-termination clause, with the buyout fee being 2 months rent. THAT would get you out early. And you are not breaking the contract, you are exercising a right stated in the contract. If you just up and leave when there are more than 2 months remaining in the lease, then you ARE breaking the contract.
- n2mamaLv 71 month ago
Most standard leases do not have any proviso for illness. So no, there isn’t a loophole for your situation. I’m sorry for your health issue, but it doesn’t negate your legal obligation. Provide the written notice and pay the lease break fee so you can focus on your health. The last thing you need during treatment is to get sued for eviction or for not paying the necessary fees to break your lease.
- TavyLv 71 month ago
sad to say Landlords run a business they are not a charity.
Good luck with your treatment.