Indianapolis, IN asked in Civil Litigation, Real Estate Law, Elder Law and Landlord - Tenant for Ohio

Q: Any options to break a lease who can no longer stay independent due to falls, hospitalizations, etc?

After renewing her lease, my mom fell and was hospitalized and spent 4 months in rehabilitation therapy and is now in assisted living facility. Moved her stuff out and notified property manager of the situation via email and offered to work with them on scheduling and key return while moving her stuff out. ( They are renovating apartments as they become available.) Received a statement for the rest of the balance this week. Apartment may already have new resident booked since it doesn’t appear on their website as available anymore.

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Landlord Tenant Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: No, that does not give an option to break the lease. Tenant is responsible for the rent for the full term of the lease until its expiration. If rent is not paid, landlord can sue for the rent, minus any rent landlord collects from a new tenant.

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