My 87yr old Mother lives in a regular apartment complex. Recently, after a 2 week hospital stay with congestive heart failure, the doctor has issued a form/letter stating that she is in need of assisted living and can no longer live alone. I have been told that in Texas this letter from the doctor automatically terminates the lease.
The complex not only wants 60 days rent; but, because they say they gave her a senior citizen discount, she will have to reimburse that amount, also.
What is correct?

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Originally Posted by plpaul

My 87yr old Mother lives in a regular apartment complex. Recently, after a 2 week hospital stay with congestive heart failure, the doctor has issued a form/letter stating that she is in need of assisted living and can no longer live alone. I have been told that in Texas this letter from the doctor automatically terminates the lease.
The complex not only wants 60 days rent; but, because they say they gave her a senior citizen discount, she will have to reimburse that amount, also.
What is correct?

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What does the lease say? I don't understand the reimbursement part at all. Is your mother a Senior Citizen? I don't know how they can revoke that provision - ?

I just took a quick look at Texas law and don't see the provision about breaking the lease for health purposes but perhaps I missed it.

This site includes a phone number that may be of assistance: Home

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Originally Posted by George_1950

This site includes a phone number that may be of assistance: Home

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Right, I checked out the site - this isn't covered (nor could I find it in Texas law) but the phone number might be of use.

Was your mother's apartment subsidized?

I'm a landlord in Texas. The only lease release that TX landlords HAVE to honor is military, unless the lease allows for other types of release (which I can't see any landlord voluntarily adding.)

The apartment complex should still be entitled to notice. 30 days is standard in TX, but I know some leases have a longer notice written in, which is legal - it just has to be in the lease.

I would get as far up the chain of command as possible with the management, and just basically ask them for help. Make it very clear to them that you're not looking to stick it to them. Find out what you can do to help get the unit ready for re-leasing.

I could see them basically taking pity on her and helping you out, or not. Many of the larger management companies are all business, they enforce the lease to the letter, and they just basically don't care what your situation is.

But NO, in Texas they do not have to let her break her lease for this reason.

If you want to push it, it might be a good story for the 6 o'clock news on a slow day. Seniors rights and all that...