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Landlord breaks long-term lease

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  • Friend In Court
    replied
    Re: Landlord breaks long-term lease

    Originally posted by AFFA View Post
    I wish to inform you that the termination clause in the lease agreement and the laws of your state will have jurisdiction in this matter. Some states have laws wherein you can terminate a long term lease citing medical reasons after paying two months rent as penalty for breach of contract. You may first explain the medical condition to your tenant and try and come to a mutually satisfactory solution in the matter. If that is not possible then you may file a lawsuit and explain your situation to the Court. The Court will consider all the facts and decide the matter.

    AFF
    I have never, ever, ever seen such a clause in a lease allowing a landlord to break it for 'medical reasons' of the landlord. Not in 20 years as a real estate broker and landlord.

    Leave a comment:


  • Friend In Court
    replied
    Re: Landlord breaks long-term lease

    Originally posted by kriketb View Post
    I, as landlord, need to break long-term lease with my tenants due to my medical condition.
    My husband had a stroke and is confined to a wheel chair. Our two-story home is not accessible to him. However, our rental property is single story and we need to move in there. Can we break the tenants long-term lease in order to move in?
    A lease is not only a binding contract but an encumbrance on the property, the same as taxes, water liens, etc. It cannot be broken just because one party wants tol.

    You WANT to move in there which is understandable from what you say of your husband's condition. But you have no right to do so for you signed that right away when the lease was signed.

    If you try to break the lease you will have to compensate the tenant -- IF the tenant chooses to move. The tenant has every right to remain.

    What you can do, what I suggest, is that you contact the tenant and see if it is possible for them to give up their lease so you can move back in. Expect to pay them some compensation, though, such as a few months' lease and/or moving costs.

    Otherwise, you will have to find another place to rent until the lease runs out.

    Leave a comment:


  • AFFA
    replied
    Re: Landlord breaks long-term lease

    I wish to inform you that the termination clause in the lease agreement and the laws of your state will have jurisdiction in this matter. Some states have laws wherein you can terminate a long term lease citing medical reasons after paying two months rent as penalty for breach of contract. You may first explain the medical condition to your tenant and try and come to a mutually satisfactory solution in the matter. If that is not possible then you may file a lawsuit and explain your situation to the Court. The Court will consider all the facts and decide the matter.

    AFF

    Leave a comment:


  • kriketb
    started a topic Landlord breaks long-term lease

    Landlord breaks long-term lease

    I, as landlord, need to break long-term lease with my tenants due to my medical condition.
    My husband had a stroke and is confined to a wheel chair. Our two-story home is not accessible to him. However, our rental property is single story and we need to move in there. Can we break the tenants long-term lease in order to move in?
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