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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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Can I get out of my lease via medical or police

Customer Question

Can I get out of my lease via medical or police recommendation?
Submitted: 8 months ago.
Category: Legal
Expert:  Bill Attorney replied 8 months ago.

Thank you for contacting the team today.

To give you more information can you provide some details of the lease agreement.

For example; Is it a private property, commercial or government lease ?

What are the lease terms on cancellation ?

Is it a yearly or month to month lease

Once you provide some of these details, I can provide more information.

Customer: replied 8 months ago.
Commercial, yearly, 60 day notice. Im not sure if you can only see my one line question or the paragraph i wrote first, so ill describe it again. I had a man break into my apartment and assault and rape me last October. The landlord would not let me out of my lease but did move me to another one of their properties at my expense and had to start a new lease. That lease is not due until October 31st. I must give at least a 60-day notice prior to leaving. Last night my husband's car was broken into and I'm on all of his electronics that were stolen, a bottle of his pain medications was also stolen. Now that the perpetrator knows that we have pain medications in our apartment, I am deathly afraid to be living there. I've had mental health issues over the past year due to the rape as well as what currently is happening I called the landlord they are not willing to let me out of the lease. My question is can I pursue getting out of the lease with either a medical recommendation or the police recommendation?
Expert:  Bill Attorney replied 8 months ago.

It sounds like a very difficult time behind you. I realize that matters have been made further difficult with the problems of canceling this leasehold agreement.

Most contracts allow for a force majeure clause, but these are often absent in many lease agreements. The force majeure allows a party to exit an agreement in extenuating circumstances, that may very well encompass what you have experienced. That said many personal problems are not included by the courts as allowing one person to break a contract or lease.

A force majeure clause may or may not be in place in your in your lease. You should examine its terms.

If your circumstances are similar are not contained in the agreement

,this would mean that the landlord most likely cannot be compelled from the non-exercise of penalty clauses in the lease, should you be in breach of its terms.

That said, a letter from the hospital and or the police department would most likely be very persuasive to the landlord, and he/she might just give you some more leeway in light of the same.

This is my opinion and advice on the matter, without viewing the lease. Commercial leases do tend to be more flexible in terms of allowing one party to break its agreement, but you would need to read it thoroughly to see if your personal tragedies might legally allow you to exit that agreement.

While you may argue extenuating circumstances to your landlord, such as a force majeure, courts don't tend to write into contractual agreements, leases or otherwise.

Remember this is my opinion on the matter.

Please feel free to seek alternative advice if so desired.

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