Tuesday, September 24, 2013

How Can I Break My Apartment Lease in a Medical Emergency?

How Can I Break My Apartment Lease in a Medical Emergency?

Medical emergencies can lead to bills totaling thousands of dollars, making it difficult or impossible to continue paying rent for an apartment. Breaking the lease and perhaps moving in temporarily with a friend or relative can help with finances. However, getting out of a lease because of a medical emergency is not easy. The lease is a contract that typically doesn't include early termination clauses for medical reasons. The New York Times reports that it is very difficult to break a lease without penalty unless you negotiate with the landlord. This is true, even in a medical emergency.

Instructions

    1

    Review your payment history with the landlord to confirm that your rent is current. Breaking the lease with the rent current could make for an easier negotiation.

    2

    Consult with a real estate attorney. Take proof of your medical emergency, such as hospital bills, to the meeting. Ask the real estate attorney to write a letter to the landlord indicating that you are struggling financially because of a medical emergency and must break your lease. Instruct the attorney to ask that the landlord terminate the lease without penalty because of your medical problems.

    3

    Write your own letter to include with the letter from the attorney. Indicate that because of your medical emergency you have no choice but to move out of the apartment in 60 days and that you are hoping for a fair resolution of the lease agreement.

    4

    Send the letter by certified mail for impact and documented proof of notice to vacate. Giving the landlord 60 days notice gives the landlord time to find a new tenant. The letter from the attorney will indicate that you have thought this through carefully and that you are ready for a legal battle if necessary.

    5

    Follow up in four days with a phone call to the apartment manager if she has yet to reach out. The letter is a tactical move to determine if the landlord plans to hold you to the terms of the lease agreement.

    6

    Remind the landlord about the letter and tell her you are sorry that you must move out in 60 days because of issues stemming from the medical emergency. Ask the landlord if she is willing to let you out of the lease without penalty because of your special circumstances.

    7

    Break the lease by negotiating with the landlord. Get your attorney involved if necessary to reach a settlement on the remaining months on the lease if necessary.

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