Friend is looking to break his lease early to live with ill grandfather

[mobbdeep]

State: Texas

Apologies if this is the wrong subsection to post.

My friend has been put into a situation where he might end up having to be the primary caregiver for his grandfather who is ill which happens to be in a city about 2 hours away from where he currently lives. Unfortunately, he just signed a renewal on his lease last month for another year, obviously not knowing he'd be put into that situation.

With that being said, he may be looking to vacate his apartment but wants to do it the right way. According to his lease, there's a requirement of 60 days notice and a $1,950 termination fee. This amounts to 2 months rent (the 60 days) plus $1,950 which also equals 2 months ($975 x 2), so a grand total of $3,900 to break it the "right way." When he initially asked them However, the questions he had that came to mind are the following:

1. What if he looked at them and said he doesn't have the $3,900? Are they going to basically say he's SOL until he has the funds to break the lease the right way?
2. What would happen if he just abandoned the lease all together? Does it become a heftier cost than the $3,900 such as them accelerating X amount more of the rent from the lease duration as a lumpsum bill that will be sent to him?
3. Can he not find someone else to take over his lease? Eg. Someone who can pass the tenant requirements prior to renting (background check, credit check, check stubs, etc.)?

After additional discussion with the leasing office and even raising it to the Property Management company with those questions, they've immediately gave him the only options of breaking the lease and paying ~$3,900 (breakdown mentioned above) or finding someone and adding them to his lease while still being the sole responsible person on the lease and have them pay the duration of the term. However, that's an extremely risky option considering he'd still be responsible for anything if that person he finds leaves/stops paying rent/damages the apartment/etc. Not to mention, they have a no sublease/sublet clause so I'm not sure why they mentioned that as on option.

Lastly, his final scenario is lets say he gives a 60 day written notice to the office and he ends up having to vacate earlier than the 60 days (eg. 2 weeks after notice) but doesn't pay the 2 months of rent. Will he just be billed out the $3,900 and it essentially goes to collections if he doesn't pay it before they sell it to collections or will that turn into an eviction because they didn't get any rent within those 60 days and now they can accelerate the remainder of his lease agreement as one big lumpsum bill that he's responsible for?

Based on what he's saying, push comes to shove - he's willing to allow them to bill out the $3,900 and take the hit if it goes to collections until he can pay it as he doesn't have $3,900 to shell out right then and there if he has to vacate early.

 

[quincy]

State: Texas

Apologies if this is the wrong subsection to post.

My friend has been put into a situation where he might end up having to be the primary caregiver for his grandfather who is ill which happens to be in a city about 2 hours away from where he currently lives. Unfortunately, he just signed a renewal on his lease last month for another year, obviously not knowing he'd be put into that situation.

With that being said, he may be looking to vacate his apartment but wants to do it the right way. According to his lease, there's a requirement of 60 days notice and a $1,950 termination fee. This amounts to 2 months rent (the 60 days) plus $1,950 which also equals 2 months ($975 x 2), so a grand total of $3,900 to break it the "right way." When he initially asked them However, the questions he had that came to mind are the following:

1. What if he looked at them and said he doesn't have the $3,900? Are they going to basically say he's SOL until he has the funds to break the lease the right way?
2. What would happen if he just abandoned the lease all together? Does it become a heftier cost than the $3,900 such as them accelerating X amount more of the rent from the lease duration as a lumpsum bill that will be sent to him?
3. Can he not find someone else to take over his lease? Eg. Someone who can pass the tenant requirements prior to renting (background check, credit check, check stubs, etc.)?

After additional discussion with the leasing office and even raising it to the Property Management company with those questions, they've immediately gave him the only options of breaking the lease and paying ~$3,900 (breakdown mentioned above) or finding someone and adding them to his lease while still being the sole responsible person on the lease and have them pay the duration of the term. However, that's an extremely risky option considering he'd still be responsible for anything if that person he finds leaves/stops paying rent/damages the apartment/etc. Not to mention, they have a no sublease/sublet clause so I'm not sure why they mentioned that as on option.

Lastly, his final scenario is lets say he gives a 60 day written notice to the office and he ends up having to vacate earlier than the 60 days (eg. 2 weeks after notice) but doesn't pay the 2 months of rent. Will he just be billed out the $3,900 and it essentially goes to collections if he doesn't pay it before they sell it to collections or will that turn into an eviction because they didn't get any rent within those 60 days and now they can accelerate the remainder of his lease agreement as one big lumpsum bill that he's responsible for?

Based on what he's saying, push comes to shove - he's willing to allow them to bill out the $3,900 and take the hit if it goes to collections until he can pay it as he doesn't have $3,900 to shell out right then and there if he has to vacate early.

Not following the conditions outlined in the lease for its early termination could result in a lawsuit being filed against your friend. It stands to be for more than the $3900 he needs now to terminate the lease early.

 

[adjusterjack]

What if he looked at them and said he doesn't have the $3,900? Are they going to basically say he's SOL until he has the funds to break the lease the right way?

My guess is that's exactly what they will say.

What would happen if he just abandoned the lease all together?

That may be the way to go because of the Texas landlord tenant statute Section 91.006
LANDLORD'S DUTY TO MITIGATE DAMAGES.
(a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease.
(b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.

Texas PROPERTY CODE CHAPTER 91 (2017) - PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS :: 2017 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

That means that your friend can walk out the door (photographing the condition for his own protection), turn in the keys and not pay another cent. Mitigation means that the landlord would have to make reasonable attempts to re-rent the unit for the same terms and conditions that your friend. Once the unit is re-rented your friend will only owe the amount of rent from the day he left until the day it was re-rented and that would probably be covered by his security deposit. If the landlord fails to mitigate, he's likely to lose any lawsuit against the tenant.

Can he not find someone else to take over his lease? Eg. Someone who can pass the tenant requirements prior to renting (background check, credit check, check stubs, etc.)?

He should check his lease to see if subletting is permitted. If not, then Section 91.005
SUBLETTING PROHIBITED.
During the term of a lease, the tenant may not rent the leasehold to any other person without the prior consent of the landlord.

Same link as above. Wouldn't hurt to ask for written consent to sublet and what the requirements are.

 

[zddoodah]

Please carefully review and understand the links in "adjusterjack's" response relating to mitigation and subletting.

What if he looked at them and said he doesn't have the $3,900? Are they going to basically say he's SOL until he has the funds to break the lease the right way?

We have no way of knowing what his landlord is going to do or say. Obviously, the landlord cannot force your friend to remain in possession of the leased premises. However, breaching the lease will almost certainly get your friend sued, and he'll likely lose. A judgment against him will follow him for years (until paid or otherwise discharged), including hurting his credit.

What would happen if he just abandoned the lease all together? Does it become a heftier cost than the $3,900 such as them accelerating X amount more of the rent from the lease duration as a lumpsum bill that will be sent to him?

One would have to read his lease, but it's reasonable to assume that the landlord will seek to re-rent the premises. Whatever the landlord's damages are, after deducting your friend's security deposit, will be the damages for which your friend likely will be sued. Accelerating the rent for the entire lease term is not, however, an option.

Can he not find someone else to take over his lease?

We have no way of knowing what your friend is capable of doing. Does your friend know people who are looking to move into rental premises of the sort in which he currently lives on terms that are at least as favorable for the landlord as the current terms? If not, then he'd be trying to find such a person from the general population, and I wouldn't think that would be an easy task.

lets say he gives a 60 day written notice to the office and he ends up having to vacate earlier than the 60 days (eg. 2 weeks after notice) but doesn't pay the 2 months of rent. Will he just be billed out the $3,900 and it essentially goes to collections if he doesn't pay it before they sell it to collections or will that turn into an eviction because they didn't get any rent within those 60 days and now they can accelerate the remainder of his lease agreement as one big lumpsum bill that he's responsible for?

I'm not sure why you're assuming that the debt will be "[sold] to collections." It wouldn't be "an eviction" because your friend left voluntarily. I would assume the landlord will sue your friend for the damages resulting from the breach. Depending on the landlord's level of sophistication, it may have a lawyer that it regularly uses for tenant-related litigation.

The smart thing to do would be to negotiate a payment plan (e.g., $500 per month for 8 months or something of that ilk).

 

[commentator]

I would like to point out that everything here is a "might" situation. He "might" have to go be the caregiver for his sick grandfather. And depending on the situation, it might or might not be a long lasting thing. I think this sort of changes the information he needs, as he is only casually exploring the options for getting out of the lease. No extra credit is likely to be given to him by the landlord for the "because I'm moving to take care of my family member" reason. If I were the grandchild, I might mention this to other family members before I just up and volunteered for the job.

 

[LdiJ]

I would like to point out that everything here is a "might" situation. He "might" have to go be the caregiver for his sick grandfather. And depending on the situation, it might or might not be a long lasting thing. I think this sort of changes the information he needs, as he is only casually exploring the options for getting out of the lease. No extra credit is likely to be given to him by the landlord for the "because I'm moving to take care of my family member" reason. If I were the grandchild, I might mention this to other family members before I just up and volunteered for the job.

I agree, but if there is no other option, then the grandson has to do what he has to do. If that means breaking the lease to take care of grandpa, then that is what it means. If grandpa is still competent perhaps he could help with the financial fallout.

 

[commentator]

I have many times seen people with the intention of "moving in and taking care of grandma" where it did not turn out to be any sort of long term situation. Breaking the lease and moving all a person's life to another area an hour or two away should always be approached very cautiously, especially related to eldercare. I have seen people intending to keep a family member in their home where the arrangement lasted less than a week, either because of the person's condition being a lot more care intensive than had been realized, or because they took a sudden crash. Families tend to want to think they've solved a long term problem by getting someone in the family to volunteer as a caregiver. It rarely works out as planned. But in any case, I think the young person should defininitely be careful about uprooting and relocating. Are they giving up employment? And if it does happen, I do think that the family and the person cared for if they are competent should be willing to help this person financially, as it is definitely going to come with a cost in many ways, including a broken lease.

 

[quincy]

The money spent to terminate a lease early possibly could be spent more wisely on a caregiver local to his grandfather. With only a two hour commute between his current location and his grandfather’s location, the friend can still visit his grandfather on a regular basis.

 

[mobbdeep]

Thank you for all of the responses. After making a last attempt for him to speak to the leasing office due to his uncle now in ICU with zero prognosis or chance of survival, there was still no budge. At the end of the day, it's his duty to follow the lease and them abide by the terms.

Based on the last conversation, they said if he gives a 60 day notice, it's those 2 months of rent plus a final $1,950 termination fee. If he fails to fulfills to stay there during those 60 days, it's the 2 months of rent + $1,950 termination fee + a $840 reletting fee.

Lastly, the lease states there's no subletting or subleasing unless stated otherwise by the leasing office which they advised him to try and do but hadn't given written consent for him to try advertising the unit elsewhere. However, by doing so - this still puts him as the sole responsible person of the unit for the duration of whomever takes over the remainder of the lease. If that person abandons the unit, damages it, gets evicted, etc.; that will be his responsibility.

 

[stealth2]

I have many times seen people with the intention of "moving in and taking care of grandma" where it did not turn out to be any sort of long term situation. Breaking the lease and moving all a person's life to another area an hour or two away should always be approached very cautiously, especially related to eldercare. I have seen people intending to keep a family member in their home where the arrangement lasted less than a week, either because of the person's condition being a lot more care intensive than had been realized, or because they took a sudden crash. Families tend to want to think they've solved a long term problem by getting someone in the family to volunteer as a caregiver. It rarely works out as planned. But in any case, I think the young person should defininitely be careful about uprooting and relocating. Are they giving up employment? And if it does happen, I do think that the family and the person cared for if they are competent should be willing to help this person financially, as it is definitely going to come with a cost in many ways, including a broken lease.

Upvoting this 1000x's. Caregiving is much more involved than many people realize, in physical, emotional, and financial terms. Not everyone is suited for it - packing up one's life should only be done after much serious consideration.