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Have Custody of Children. Can I break Lease?

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Q

Qtestin

Guest
What is the name of your state?
Pennsylvania
:confused:

I am currently six months into my apartment lease. I live in a two bedroom apartment with my fiance and her two children. I have recently been awarded custody of my two boys. The lease states that no more than four people may reside in a two bedroom dwelling. Now, there are a total of six of us in two bedroom apartment (4 boys ages 9,9,7,5). I need to find a new 3 bedroom apartment or house. My question is simple. Can I use the custody order to break my lease without any penalties or loss of deposit? Please advise. Thank you for your help.
 


I AM ALWAYS LIABLE

Senior Member
Qtestin said:
What is the name of your state?
Pennsylvania
:confused:

I am currently six months into my apartment lease. I live in a two bedroom apartment with my fiance and her two children. I have recently been awarded custody of my two boys. The lease states that no more than four people may reside in a two bedroom dwelling. Now, there are a total of six of us in two bedroom apartment (4 boys ages 9,9,7,5). I need to find a new 3 bedroom apartment or house. My question is simple. Can I use the custody order to break my lease without any penalties or loss of deposit? Please advise. Thank you for your help.


My response:

Sure. Absolutely. Just as long as your current lease contract states that "court orders" concerning having two more kids, and occupancy increases. Then that will supercede the lease. Then you can breach the lease. If your current lease doesn't have such a condition, then no.

Look, it's not the landlord's fault that you've allowed your family to increase in size beyond the limits set forth in the lease. All the landlord knows, or cares about, is that you and he have a "lease" contract. Therefore, like you, the landlord also expects that the lease shall not be breached.

Looks like the kids will have to stay with someone else for duration of your lease, or you get to suffer the consequences for breaching your lease. That means, a black mark on your record that other landlords will see and use to judge your suitability as a new tenant.

IAAL
 
Last edited:

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