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My daughter is in Florida and rented an apartment, she suffers…

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My daughter is in Florida...
My daughter is in Florida and rented an apartment, she suffers from anxiety and it has gotten worse since she moved, she can't go to work and is under doctor's care. She needs to break her lease and move back to Wisconsin due to this anxiety condition. Is there a way for her to break this lease and not have to pay a large sum of money as she is not able to work?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 5 minutes by:
6/21/2010
Real Estate Lawyer: Barrister, Lawyer replied 8 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,621
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello,

 

I hate to give bad news, but a person's medical condition is not taken into consideration when determining whether they are bound under a contract. If she breaches the lease, the landlord can sue her for up to the entire remaining term of the lease.

.

However, the landlord is under a duty to mitigate his damages by renting the unit as soon as possible and can only charge her for his actual damages. So if it took him 2 months to rent it, he can only charge her for 2 mos.

.

If she put down a deposit and agrees to let the landlord have it as damages while moving at the end of the month, the landlord might agree to release her. If he does, make sure she gets it in writing.

.

The other option would be to simply move out, and roll the dice that he wouldn't bother suing her if he can't find her. As a landlord myself, it is rare that I sue someone if I have no idea where they have gone because I regard it as throwing good money after bad.

.

.

Thanks

Matt

 

 

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