New Castle, DE asked in Uncategorized for Delaware

Q: My mother lives in Delaware in an apartment complex and she is elderly and handicapped. Can she break her lease without

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James L. Arrasmith
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A: Your mother may be able to break her lease, but it depends on the terms of the lease and Delaware’s landlord-tenant laws. In some cases, a lease can be terminated early if there are specific clauses addressing medical conditions or disabilities, or if her health has deteriorated to the point where she can no longer live independently in her apartment.

If the lease doesn’t have such provisions, she might still have options. Delaware law may allow for early termination under certain conditions, such as if the apartment is no longer safe or accessible for her needs as a handicapped person. Additionally, negotiating with the landlord is always an option. Many landlords are willing to accommodate tenants facing serious health or mobility issues, particularly if documentation is provided.

It may also be useful to look into any federal protections under the Fair Housing Act, which could provide additional rights for your mother due to her disability.

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