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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Due to not being in her right mind (was in hospital 2 weeks

Customer Question

Due to not being in her right mind (was in hospital 2 weeks and doctor notarized letter to a Judge ordering her (my daughter...I have Power of attorney and all medical proof) my daughter, xxxxxx xxxxxxxx signed a lease for an apartment way above her income. The owner of the condos is now willing to let her break the lease and contract but isn't there a law stating that all money and 1st month's rent should be returned to Cheryl as she was not in her right mind when was rented the condo. I read in Texas Lease Laws that "a medical condition is not a valid reason for breaking a lease but there are extenuating circumstances which make this possible." The Leasing agent did not even do a credit check before signing her up for the condo. It was $950/Mo plus electric, etc. xxxxxx's income is $1241/Mon Social Security Disability. Sincerely, ***** ***** Power of Attorney for daughter, xxxxxx xxxxxxxx. Thank You....Cell Ph. xxx-xxx-xxxx
xxxxxx never moved into the apartment leased.
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

The question here is whether she had the ability to enter into a legally binding contract. In Texas, like most states, a person must have the necessary mental capacity to contract. For example, a person who's mentally disabled cannot contract. Here, you would have to argue that your daughter didn't have the capacity to contract, and that the contract was void when signed. The issue you have is proving it. Obviously, you have a letter from the doctor, but they don't have to accept that and could force you to sue them. The question then becomes whether the expense of a lawsuit is worth the deposit you are trying to recover.