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Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If an elderly person (85 years old) lives in an Independent

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If an elderly person (85 years old) lives in an Independent Living facility and it is determined, by his medical providers, that he can no longer reside independently and needs to go to an assisted living (or higher level of care) facility, is that person liable for a 60 day notice to vacate the apartment or pay rent for those 60 days?
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. Unfortunately, this is not a valid reason to break a lease, so the tenant would have to give the required legal notice to vacate. It may be that the landlord will agree to let the tenant out because of the need to transfer to an assisted living facility, but there's no legal obligation to do so.One possible exception to this is if the lease agreement provides that the agreement can be terminated if the person must leave to obtain additional care or treatment.
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Customer: replied 3 years ago.

So, are we bound by the 60 days from the date that he vacated and we turned in the keys or the 30 days that he was given by the worker at the Independent Living Facility to find other living arrangements?

If the living facility agreed to letting you out for a shorter term, then that is fine. They can agree to any time they wish.

- - I hope this is what you're asking. If you need to clarify, please do so and I'll be glad to reply.
Customer: replied 3 years ago.

According to the lease, he was to give a 60 day notice to move (and they still needed 30 days if he died!) After one of his latest falls and injuries, a member of their staff visited with him and told him he was no longer a candidate for Independent Living and they gave him 30 days to find other accomodations. My question is are we bound by the 60 days in the lease or the 30 days they gave him to find a new place?


Also, can you tell me the section for the Arizona code that these rules are under? Thank you!

This is a matter of contract, so there won't be a specific law or statutory rule that applies. Instead, your contract covers what each party is required to do.

If the contract requires 60 days, that is what governs the situation. BUT, it is possible to reduce the period of time IF the parties agree.

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