Canonsburg, PA asked in Contracts and Real Estate Law for Pennsylvania

Q: Am I able to get of of my current lease due to a medical condition?

Hi. My daughter seems to be stuck in an iron clad lease! They put that it’s $10,000 over 10 months instead of monthly. She is having SEVERE medical issues (anxiety and migraines) due to an incident the 1st week she moved in girls stealing and fighting with her (roommates) police report filed and manager notified , twice! .. they made her move out since she was the “new roommate” she agreed and signed new lease, for a new room. 5 hours away and only 18 years old. The guarantor did not agree nor sign this new lease that was $100 more. Now 3 weeks later she is having these horrible medical issues were exasperated by what happened and she doesn’t want to live in that building. They will not let her out of lease only to sublet. And her doctors think she should come home as well. Please any advise or are we stuck?!

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2 Lawyer Answers
Nellie T Schulz
Nellie T Schulz
Answered
  • Philadlephia, PA
  • Licensed in Pennsylvania

A: I know if no law in Pennsylvania that would relieve a tenant from lease obligations because the tenant is very ill and has been advised by their medical doctor to move out. In fact, there us a law in Pennsylvania which says that if a tenant dies while the lease is still in effect, the lease is not automatically terminated. Unless there is something in the written lease that would allow the tenant to terminate the lease before the end of the lease term, being ill us not a legally-supported reason for a tenant to terminate the lease. I suggest that the tenant locate a new, creditworthy tenant as a substitute or the tenant should meet with the landlord and politely and unemotionally explain the health and ask him to terminate the lease. The tenant needs to be prepared to offer about 3 months rent to induce the landlord to agree. After all, the landlord did nothing wrong abd the tenant is the one asking for a favor.

Nellie T Schulz
Nellie T Schulz
Answered
  • Philadlephia, PA
  • Licensed in Pennsylvania

A: I sent this mistakenly before it was spellchecked, so I apologize and hope you can figure out what I meant to say.

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