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laxdad87

I just Became disabled and need to move can I get out of my lease

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I recently became disabled due to blood clots in my lungs. I need to move to be closer to home to have someone take care of me and or look out for me. Can I legally break my lease as I have 2 other room mates and I asked to sublet and they said no. I have only until August 30 2016 and my rent is up. 

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It's not clear what you mean by "became disabled" or "need . . . to be closer to home" or "take care of me and or look out for me."

 

However, there's no reason to believe whatever happened to you can be used to "break" your lease -- especially since there are two other individuals on the lease (unless of course your lease contains some sort of provision for doing so).

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You might have had a case if your disability made using the home unusable, such as being in a wheelchair and the home having lots of stairs and narrow doorways. Your preference to live closer to family is not such a reason.

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Sure, you can break your lease. By "room mates" presume you mean co-tenants. Do they intend to renew lease and stay, or do you believe they will move out? If they intend to stay, either you rent out your room or they do (or they don't get a new roommate and start splitting rent 50-50, which is a decision that's on them).

Each tenant on lease, unless it is weirdest lease, is obligated to pay 100% of rent regardless of who does-does not pay. Joint and several liability -- together and separately, which means landlord can go after most likely prospects and it'd be up to payer(s) to decide to go after roommate that stiffs them/doesn't pay his-her share.

Who is "they" as to "they said no"? Roomies, I guess. Co-tenants have ample time to choose replacement if they don't want one chosen for them if you give ample written notice of moving out. If no separate agreement with roomies, I'd put ads in paper and pre-screen people (ask for credit report etc. and run background check on likely prospects, then present info to roomies.)

If this situation didn't exist and you intended to leave with end of lease term, you'd give written notice to landlord. If all of you agreed this were only lease term, leae likely requires 60 days' notice timed no later than rent due date, You'd give notice no later than at end of June for Aug 31. Here,

you likely never went into finer details with roommates. I'd give them as much notice in writing MAILED via traceable means to them and showing on letter that copy was also separately delivered.

Assuming roommates pursued and you had backup evidence to show that they forfeited right to gripe because they had formal notice as of X (and informal notice as of Y), because they have obligation to mitigate damage, you *might* get out of obligation to pay to roomies beyond June 1. If they choose not to pay your share, landlord can come after you but may choose to go after them.

Whether they intend to stay beyond end of August is meaningful. Sure, they could rent out your room short-term basis of they don't plan to stay.

No matter what, I'd be sending landlord written notice of intent to move out and terminate effective X to avoid any game-playing later, and make sure to take pics and document state of place. Would also keep on top of when they started having someone new stay in your room for free and hoping to extract dough from you. Esp if it's during period after you must go but before terminatioj notice ice effective date as of when you will no longer cough up your share. End of May ... June??

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