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My daughter has an apartment rental lease through June, 2010, in Moscow, ID. She has bipolar disorder and has been in in-patient alcohol treatment and now is obligated to 5+ days per week treatment in Coeur d'Alene, ID, a two hour drive away from Moscow. She is actively being treated by a psychiatrist and therapist and is in alcohol out-patient treatment -- all occur in Coeur d'Alene. She must move to Coeur d'Alene for adequate treatment (and to not drive on icy winter roads every day). Is there a mental health provision by which she can get out of her apartment lease ... since she is no longer able to reside in Moscow and go to college, as she had planned. Thanks very much.
State/Country relating to Question: Idaho Already Tried: Can my daughter break her lease for her apartment in Moscow, Idaho ... without penalty ... due to mental health needs that can only be received in Coeur d'Alene, Idaho, a two hour mountainous drive away?
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How many more months remain on the lease?
Is there a provision in the lease that allows for the breaking of the lease by either party?
Thanks
approximately 10 months left on the leaseMy daughter reports no specifics regarding breaking the lease ... except non-payment of rent or damage to property, etc.thanks
Thanks for the information:
Below please find the Attorney General's guideline for landlord/tenants in Idaho. I think, that it may answer all of your questions.
http://www2.state.id.us/AG/consumer/manuals/LandlordTenant.pdf
If your daughter explains her dilemma, the landlord may allow her to break the lease. If there is no mental health provision, then the terms of the lease are binding. Especially, look to page 12 of the link above regarding any damages the landlord may be entitled to for breaking the lease.
Another option is for your daughter to find someone else to take over the lease from her. This would have to be approved by the landlord, but it is an option that may save you costs.
The landlord also has obligations. He has an obligation to mitigate his damages. For example, he must advertise to have the apartment leased, and once leased, your daughter would not be responsible for the entire rent for the term of the lease.
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Attorney
20+ yrs in criminal, landlord/tenant, family, & small claims
Thanks for the information. What sort of legal action might we expect from the landlord? For the sake of $5000 in lost rent, would they be likely to take legal action?Might we do well trying to bufer things by offering to pay for a month or two's rent ... or should we simply notify them and wait for their response?Thanks again
I never got a response from my final reply ... I appreciate the service and will pay for the advice anyway. I would appreciate a response to my final questions, though.Thank you
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