San Luis Obispo, CA asked in Real Estate Law for California

Q: Can a 79-year-old woman break a rental lease if she can no longer take care of herself?

The landlord showed up unannounced and she was terrified. She rented the place through a realty company.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: Your brief question raises numerous issues. Why did the LL show up unannounced? Why was she terrified, did LL do something? What do you mean that she can no longer take care of herself? Is she going to move into an assisted care facility?

If the tenant is incapable to perform the requirements of the lease, she may be able to get out of it, but the first thing to do if she wants out is to discuss this with the LL and see if the LL will agree to allow her to end the lease early.

These are very sensitive matters and you should use caution discussing them on an open forum. You should contact an attorney in your area that deals with Landlord/tenant and Elder issues.

These opinions are based solely on the information in the question and no additional investigation into facts has been made. Additional facts could change the opinion. Do not rely exclusively on this opinion without consulting with an attorney.

Tim Akpinar agrees with this answer

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