Q: Can I break a lease due to hardship?
I have a brother (early 50s) with some severe disabilities and physical limitations. He has not been getting any hours in his part time job so my sisters and I have been supporting him. We have found a house in our hometown and are moving him back in a few weeks to help him and support him while he finds a new job. He lives in Indianapolis with no car, no family. He has been looking for other employment for two years. Is there a way to break his lease due to hardship? My family can't afford to buy out his lease (end of July) and support him in his new rental.
A:
Your brother can break his lease for any reason. Whether or not that reason excuses your brother from payment of rent to the landlord is another question. Hardship is not one of those reasons unfortunately. If your brother needs to break the lease because he cannot pay it he needs to make sure that you give proper notice to the landlord so that the landlord can find a replacement tenant ahead of time to minimize his or her damages. Please note that this will not excuse your brother from paying for the broken lease but it will mitigate the amount that he may eventually have to pay.
You mention that your brother has disabilities and physical limitations. There are a lot of missing facts here, including whether or not you and your sisters are on the lease as well. You should consult with a landlord/tenant attorney in your area to review your brother's case.
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