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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33801
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My mother is 95 and can no longer drive. She still has 8

Customer Question

My mother is 95 and can no longer drive. She still has 8 months left on her carl lease. Iis there a way to get her out of her lease? Swap my lease just doesn't sound a safe bet as it was described to me.
Submitted: 11 months ago.
Category: Legal
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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She still has 8 months left on her carl lease. Iis there a way to get her out of her lease?

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If you are asking if there is some way to legally cancel her lease, then I am afraid that the answer is no. A lease is a legal contract between lessor and lessee where each party is bound by the terms of the lease. Unfortunately the fact that she can no longer enjoy the use of the vehicle wouldn't give her legal grounds to terminate the lease early..

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So the only potential way to get her out of any financial responsibility would be to see if she could find someone to take over the lease formally by a lease transfer/assumption. This can work well for someone who just need a vehicle for a short term and doesn't want to come out of pocket with the down payments and fees that come with a new lease. Most leasing companies will allow a lease to be transferred for a fee and then the new lessee is completely responsible for the remainder of the lease.

She also may also be able to terminate the lease early with the leasing company, but there are usually some steep termination fees associated with doing so. But it might be cheaper than just sitting on the car for 8 more months.

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If she tried to essentially rent the car to someone, then she opens herself up to a lot of liability in the event of an accident as well as if the renter damaged the car or put a lot of miles on it over her limits so this probably isn't a very viable option.

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With that said, I would opine that her best option would be a personal visit to the dealer with you to talk to the general manager to see if he would cut her a break on the termination fees if she ended the lease early and turned the car in. If not, then a lease transfer on one of the lease trading/selling sites like the Swapalease site you mentioned or LeaseTrader.com might be her best bet to get out of it entirely.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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