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  1. #1
    Join Date
    Oct 2007

    Post Breaking a Lease for Medical Reasons

    We have some acquaintences who were trying unsuccessfully to sell a home and we approached them with an offer to lease to own it. We were happy leasing another home at the time, but saw it as a win-win situation. About 6 months into an 18-month lease, one of our children, who is autistic, was also labeled epilleptic. At this time, we had several health care professional strongly recommend that we move to where we had help from family.

    We approached our landlords about the situation and they agreed to end the purchase contract, but would not let us out of our lease. They quickly put the house on the market, but at a price above what the market is willing to pay, because they pulled all of the equity out of the home in order to buy their new home. The house has been for sale for 5 months and they have received no offers. (Incidentally, it's located in IL)

    We have since moved out of state to be close to family, but are paying the lease, despite the burden that it places on us financial and otherwise.

    Last week, we approached them a request to allow us to sublease the home to some close friends who would pay what they could, while putting the needed finishing touches on the home as well as keep an eye on it through the winter. We explained that the potential sublessors would understand that the agreement would be terminated upon sale of the home, even if it meant immediately upon their moving in. (They would be using our furniture, which we agreed to leave in the home so it would show better.) We also explained that we would be responsible for any damage that was done to the home by the sublessors.

    Our landlord did not agree to the request and we are now considering breaking the lease, in order to put our needs first. We have several health care providers who are willing to put their professional opionion that we move in writing. In your opinion, would our case hold up in court if it came to that?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Breaking a Lease for Medical Reasons

    What does your lease say about subtenants? Why did the landlord reject your proposed subtenants?

  3. #3
    Join Date
    Oct 2007

    Default Re: Breaking a Lease for Medical Reasons

    Thank you for your message. The contract does not allow for subletting, so it would need to be amended to allow for it. That was one of the reasons they said no. The rest are as follows:

    -This would bring additional potential problems to the table at a time when this is already causing significant stress for us. We would have someone in the home who did not feel financially responsible for maintaining the good condition of the home, which can allow even good people to lower their level of vigilance and care. We’re not the ‘rent it and forget about it’ kind, which is why our very strong preference is to sell it—despite the financial issues that will cause.

    -If we were to rent again, it would be only under one of the following conditions:
    --The family that we are renting to is someone we personally know exceptionally well and that we completely trust.
    --We have done full credit checks and anything else that our realtor indicates is necessary or prudent.
    --In either case we will require healthy deposits to help mitigate the risks.
    --And, we would only do this if there were no viable prospects for purchase.

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