My 83 year old mother has decided to move from Ohio to Illinois to be closer to me as her health is declining. Her landlord in Ohio wants to fine her $4000 + for wanting out of her lease 3 months early. Is this legal? How can she get out of the lease? Her doctor wrote a note saying she was retiring and moving closer to family, but her landlord still won't budge. Anyone have any advice? Thanks. AJ

Hello AJ:

Your mother signed a contract... Of course it's legal. Why do you think it wouldn't be??

I don't know about a "fine", but she's obligated to pay the rent till her lease ends. The landlord is required to find a replacement tenant as soon as he can to mitigate your mothers damages. I'd offer two months rent in cash.

excon

Read the lease thoroughly ,there may be some provision whereby if you find another suitable tenant ,you can get out of it or even perhaps a sublet agreement in the lease.

Your mother cannot be fined for vacating early BUT your mother signed a contract and must live up to its terms, including paying for the months she does not live there if she leaves early. The landlord - if collecting rent from your mother - cannot rent the apartment to someone else and basically collect double rent. Perhaps she can sublet (as has been stated) or perhaps the landlord will advertise immediately.

The exception in many/most States is if your mother goes into some type of assisted living - then she can break the lease.

I live in Ohio and I am currently purchasing my first home and preparing to vacate my apartment. I will be terminating my lease early. Here is the kicker, my lease gives specific details regarding leaving 7 or more months early, 4 to 6 months, 2 months and one month, but does not specify what percentage is due for leaving 3 months early. They are requiring me to pay the full amount owed for the 3 months. Is this possible?

Yes, the pick the time frame that most closely resembles YOUR time frame.

Yes, the pick the time frame that most closely resembles YOUR time frame.

JudyKayTee: Thank you for the reply. I will discuss this with the landlord and see if this is an option.

I'd negotiate, negotiate, negotiate. Be as helpful as you can, cooperative, sincere - which you do appear to be. Try to strike a deal.