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Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 29022
Experience:  30 years experience in general legal matters.
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I currently rent a home in the state of Delaware and own a

Customer Question

Good Morning. I currently rent a home in the state of Delaware and own a home in New Jersey with my husband. I year ago I came to Delaware in order to help my daughter with her 4 children and go home to my husband on the weekends. Unfortunately, my husband was recently diagnosed with Myelodsyplastic Syndrome which is a form of blood cancer which is terminal. He has chemotherapy 5 times per week. I think the best thing would be for me to relocate back to New Jersey permanently. Do I have legal standing to terminate my lease without penalty as long as I give sufficient notice? Thank you for your assistance.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you this morning.

Expert:  Loren replied 1 year ago.

Before I answer a bit more detail would be helpful please.

Expert:  Loren replied 1 year ago.

Do you have a written lease currently in effect? If so, when does it expire?

Customer: replied 1 year ago.
I do. It expires 4/30/2016. I just renewed it
Expert:  Loren replied 1 year ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 1 year ago.

Unfortunately, there is no general right to terminate the lease early unless such a provision is specifically included in the terms of the lease agreement.

Expert:  Loren replied 1 year ago.

You are liable for the rent payments until the end of the lease term or until a new tenant comes in and pays the rent.

Expert:  Loren replied 1 year ago.

You can speak to the landlord and see if you can negotiate a termination with a lump sum payment or you can see if you can sublet the lease to another party.

Expert:  Loren replied 1 year ago.

In any event, if you are able to negotiate an out, make sure you get a release from the landlord. A written agreement may only be modified by another written amendment.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 1 year ago.
Oh I understand completely. I was just looking for an accurate answer so that I know how I should proceed
Expert:  Loren replied 1 year ago.

Try speaking with the landlord. That is your first step.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

Are you still online with me?

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.