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May I break my lease if it is necessary for me to move to an…

Customer Question
May I break my...

May I break my lease if it is necessary for me to move to an assisted living community?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I am in the process of visiting assisted living communities. No papaerwork has been started.

Lawyer's Assistant: Where is the property located?

In San Antonio, TX

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 6 hours by:
3/30/2018
Real Estate Lawyer: Barrister, Lawyer replied 3 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,614
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Unfortunately unless your written lease states that you have an "escape clause" where you can get out of your lease for something like that, then legally you can't. There is not any type of "hardship" escape clause in a lease unless it was specifically stated in the lease. If you are under a written lease for a set term, then if you break the lease, the landlord can potentially hold you liable for up to the entire remaining term of the lease. If your financial situation has changed, it would not give you legal grounds to get out of the lease without any repercussions.

.

However, if you have to break your lease, the landlord has a duty to mitigate his damages by attempting to re-rent the unit as soon as possible. Once he does so, he can only hold you liable for his actual damages in the form of any lost rent and advertising costs. So if it takes him 1 or 2 months to rent it again, he can only hold you liable for that lost rent plus any advertising costs.

.

So to minimize your potential liability, if you have to breach, make sure you leave the place as close to spotless as you can so the landlord can immediately put it on the market and hopefully rent it quickly.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 3 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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