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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33532
Experience:  30 years of real estate practice experience.
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My aunt rents a one bedroom apartment in a complex in

Customer Question

Hi, my aunt rents a one bedroom apartment in a complex in Baltimore County, Maryland. She is 76 years old and can no longer safely go up and down stairs, she is high risk for a fall which could be very bad for her as she now has a high risk for fracture. Lastly, due to the above and breathing issues she can no longer live alone. She is in the process of having this formerly certified by her physician.
What options does she have as far as breaking her lease in order to move in with a family member?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Loren replied 11 months ago.

Good afternoon. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Does your aunt have a written lease currently in effect? If yes, when does it expire?

Does it have any provision for early termination?

Is the landlord willing to release the tenancy?

Customer: replied 11 months ago.
she has a written lease. She is getting me a copy of her lease, she thinks it's 4 months rent to break the lease. The lease expires June 2017.
Is it possible to break the lease due to her medical conditions?
Expert:  Loren replied 11 months ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 11 months ago.

Unfortunately, Maryland law, unlike some other states, does not provide for lease termination due to an elderly tenant no longer being able to live independently.

However, if there is a provision for early termination then she can exercise that contractual right to cut off further liability. That is certainly relatively better than being on the hook, potentially, until the end of the lease term.

Expert:  Loren replied 11 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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