I own a six plex in Pullman, WA. I have an elderly lady who has informed me (verbally only, at this point) that she has been ordered to an assisted living facility by her doctor. She claims there is a law stating she can be released from her 12 month lease because of this medical decision. She has been unable to produce such a law for me to read, nor will she provide me with a written statement of her intention to vacate. I do not have an "Early Release" clause in my lease agreement. I do not wish to be an inconsiderate jerk, unsympathetic to her situation, but it will be nearly impossible to find a new tenant at this time of year due to the semester schedules of this college town.

Is there such a law that releases a person for such a medical order and what are my options?

Thank you.

Guilbeau

There is none that I know of. Especially if she is transferring to an assisted living center. Maybe if she was being confined to a nursing home on doctor's orders. The only specific reference to allowing for arly termination is for militray personnel being redeployed.

What I would do is counter with a statement that you know of no such law, but because of the circumstances you are willing to allow her to buy out of the lease for 1-2 months rent.

I'm hoping that you would know if your lease contained such a provision. You should also check Washington's Landlord / Tenant laws. There's a "sticky" at the top of this forum with a link to each state's laws.

What I, personally, do in a situation like this is require written documentation from the tenant from their doctor (job, etc - whatever the case is). Then I make them responsible for the rent until the unti can be re-rented to a qualified applicant. There's also an early termination fee which is designed to cover the additional expenses I incur for advertising, showing, screening, etc sooner than I should have had to.

If she bails and doesn't keep paying you just have to decide if it's worth it to take her to small claims court. If you can get her to agree to a buyout that's almost always going to be the best way to go. At least in terms of your actually being able to collect something.

I would be honest, a elderly lady, does not sound like a college student to me,

Ok a elderly lady being sent to an assisted living, give her a break and let her out, there is some credit in life for doing a moral thing even if not required.

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Originally Posted by Fr_Chuck

I would be honest, a elderly lady, does not sound like a college student to me,

Ok a elderly lady being sent to an assisted living, give her a break and let her out, there is some credit in life for doing a moral thing even if not required.

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I'm not in opposition to this line of thinking, but I don't necessarily think it's necessary to just roll over and let her out of her lease...

That's why I require documentation... if this is a legitimate situation this person will have no problem producing documentation of the fact that they have this going on in their life. In 15 years I have had MANY people come to me with legitimate sounding stories of why they need out of their lease. Unfortunately, there are MANY people out there who have no problem lying to your face. God calls us to be many things... door mats is not one of them.

A key point for me in the original poster's question was the fact that this tenant hasn't provided him with anything in writing (yet).

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Originally Posted by Guilbeau

I own a six plex in Pullman, WA. I have an elderly lady who has informed me (verbally only, at this point) that she has been ordered to an assisted living facility by her doctor. She claims there is a law stating she can be released from her 12 month lease because of this medical decision. She has been unable to produce such a law for me to read, nor will she provide me with a written statement of her intention to vacate. I do not have an "Early Release" clause in my lease agreement. I do not wish to be an inconsiderate jerk, unsympathetic to her situation, but it will be nearly impossible to find a new tenant at this time of year due to the semester schedules of this college town.

Is there such a law that releases a person for such a medical order and what are my options?

Thank you.

Guilbeau

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To my surprise there IS such a law in several States, one of them NY, where I live - but not in Washington.

You certainly can hold her to the lease. The only argument she would have that I can see, depending on her health problems, would be the ADA. Again, that depends on her special needs and how her apartment is equipped.

I appreciate it's not your intention to be a not-for-profit, that's the purpose of the lease, but isn't there some way to let this woman out of her lease - sublet, something - ?

But legally, if that is your question (and I think it is), she's tied in until the end of the lease.

I think of my Grandmother who might someday be in this woman's shoes and it's difficult for me to be objective.