Breaking lease

[katie33kate]

What is the name of your state (only U.S. law)? CO

My Mother had a stroke in June of this year. When I arrived in Colorado to help, I learned that my Dad was in even worse shape! Neither one could help the other.

I arranged for them to move into a 3 bedroom rental. This was because they needed to have a live-in CNA. And, due to the issues each had...sharing a room would have caused neither one to sleep.

So... I signed all the papers and set up everything for auto pay. With POA, I got everything arranged...and went home. (N. Carolina).

In only 3 months my Dad died.

Arriving back in Colorado to handle everything. The volume of details is quite a mess!

So..Now, the first week of November (and I am still here!) I learn that my father's pension ended with his passing!

My Mom is left with just the little in savings, and his Social Security..which does not cover the monthly expenses.

I have to get her moved out...quick. She cannot afford to stay here.

So..what happens in Colorado? A broken lease...but...a red flag on her background/credit would be real trouble renting in the future. Is there some way to break the lease, and not have the landlord sue?
Is there a hardship law in Colorado?

I cannot move her from Colorado...the long term home care insurance will cease if she is not living here. That care is critical to her well being for now.

My Mom has severe aphrasa. She cannot make words form so as to be understood. I will have to try to deal with the landlord.

What happens?

 

[Gail in Georgia]

" Is there some way to break the lease, and not have the landlord sue?"

Read the lease. Some offer a "buy out" clause (typically two months worth of rent and perhaps giving up the security deposit).

"Is there a hardship law in Colorado?"

No.

You indicated you signed all the papers? Are you the one who signed the lease?

Discuss with the landlord whether it is possible to sublet the rental unit. This might be one way out. The other option is to suggest that you begin advertising for another suitable applicant for the rental unit. Such a person would need to be approved by management using the same criteria that your parents had to meet.

Gail

 

[katie33kate]

" Is there some way to break the lease, and not have the landlord sue?"

Read the lease. Some offer a "buy out" clause (typically two months worth of rent and perhaps giving up the security deposit).

"Is there a hardship law in Colorado?"

No.

You indicated you signed all the papers? Are you the one who signed the lease?

Discuss with the landlord whether it is possible to sublet the rental unit. This might be one way out. The other option is to suggest that you begin advertising for another suitable applicant for the rental unit. Such a person would need to be approved by management using the same criteria that your parents had to meet.

Gail

I signed POA signing for my parents names. With my Dads income, they qualified easily for the rent.

She cannot afford the rent. Her total monthly income just dropped to $1500 after Medicare and medigap. Medicare part D takes another $80 per month. The rent is $1200. She simply does not have two months rent. The savings is gone in two months ...leaving her nothing for moving costs.

I guess she just has to be sued...destroy her credit and background. She simply does not have the money...and no amount of strong arming her is going to make her income suddenly go up to cover expenses.
She needs to be in a 1 bedroom ground floor unit. There are several..about $600 per month in her area.

 

[Gail in Georgia]

Instead of simply "giving in" how about discussing these issues with your mothers landlord?

Gail

 

[adjusterjack]

I guess she just has to be sued...destroy her credit and background. She simply does not have the money...and no amount of strong arming her is going to make her income suddenly go up to cover expenses.

She's probably judgment proof so, considering her medical and financial condition, it probably doesn't matter if her credit reports get damaged.

It's unfortunate that your family is in this situation but I suggest that you take care of her first.

If you have to, just move her out and stop paying the rent.

With no rent coming in, the landlord might be more amenable to negotiating something favorable that you can both live with instead of spending his money suing somebody who has no money. Dirty pool, I know, but as long as his money is coming in he has no incentive to negotiate anything.

One thing you need to be clear about is: Did you personally guarantee the lease or not? If you did, then you are vulnerable to a lawsuit because you have deeper pockets.

 

[LdiJ]

She's probably judgment proof so, considering her medical and financial condition, it probably doesn't matter if her credit reports get damaged.

It's unfortunate that your family is in this situation but I suggest that you take care of her first.

If you have to, just move her out and stop paying the rent.

With no rent coming in, the landlord might be more amenable to negotiating something favorable that you can both live with instead of spending his money suing somebody who has no money. Dirty pool, I know, but as long as his money is coming in he has no incentive to negotiate anything.

One thing you need to be clear about is: Did you personally guarantee the lease or not? If you did, then you are vulnerable to a lawsuit because you have deeper pockets.

I agree with all of this but I will also add that if the landlord has a smaller unit available the landlord might be willing to transfer the lease to a smaller, more affordable unit. I have seen that done from time to time.

Mom really is judgment proof as SS benefits cannot be garnished or seized for consumer debt.