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mnewman708 · Sep 29, 2006, 04:50 AM

We reside in Palm Beach county ,Fl. On July 26 my wife signed a 1 yr lease agreement and gave $6000. As advance rent.The rent is $1000/mth. At the time of her signing the lease she was not mentally stable. She has been bipolar for twenty years and at the time was off her medications. On August 10 she was hosptalized for an overdose in a medical unit ,which was then followed by hospitilazation in a psychiatric unit. I do not feel we are responsible for this lease nor we should be along with being entitled to a full refund due to her condition at the time of signing. The landlord did not sign the lease until September 12,2006. Her Therapist,and Psychiatrist will give us a note attesting to her mental condition at that time. I have contacted the landords agent and he advised me to write a letter which he would forward to his legal dept. I have not yet done that because I am first seeking advice on the correct procedure and exactly what to say in the letter. Other than the obvious, do I give written notice terminating the lease ,thereby validating a lease which in my opinion is not binding because of her condition at the time and because of the time lapse until a countersigned copy was given to her. Any and all suggestions are welcome.I am thanking all who help in advance

ScottGem · Sep 29, 2006, 05:40 AM

Biggest question, was the landlord aware on 9/12/2006 of your wife's condition? If he was, and he signed the lease, then he doesn't have a leg to stand on. On the other hand, if he wasn't and acted in good faith, then you have a problem.

In the latter case, I believe you will get some of your money back, but not necessarily all. One of the factors here is when the move in date was or is.

I would send the letter right away. Any delay on your part will not look good. Simply say, that because of your wide's condition she was not mentally competent to enter into any contractual arrangement. Therefore, you will expect them to return the amounts paid immediately.

You need say nothing more, though it might be a good idea to have your own attorney send a letter.

excon · Sep 29, 2006, 10:57 AM

Originally Posted by mnewman708

I do not feel we are responsible for this lease nor we should be along with being entitled to a full refund due to her condition at the time of signing.

Hello newman (I sound like Sienfeld):

I have a couple questions. Did you move in? When was the lease supposed to start? How was the landlord supposed to know about her condition? Why should the landlord pay for her irresponsibility? If she's not competent to do business, why do you let her? Why does she have access to money? If she's not responsible for her actions, who is?

I think that would be you, and I don't think you're entitled to anything.

excon

Cvillecpm · Sep 29, 2006, 03:52 PM

The money does not need to be refunded. The landlord was not made aware of your wife's mental state and he is barred from asking under fair housing regulations... you are going to have a hard time "making that dog hunt" with the argument you presented in your post.

You need to move wife's belongings out, clean the apt and give possession to the landlord so he can re-rent ASAP and mitigate your damages.

ScottGem · Sep 29, 2006, 04:50 PM

I don't think we can give hard and fast advice here. There are a few other factoirs involved that have not been mentioned or the info supplied. Under certain conditions I would agree the money may be gone, under other conditions it may be recoverable.

Fr_Chuck · Sep 29, 2006, 08:06 PM

There are many factors, as stated, if you actually moved in then there was use of the apartment. If you did not move in and do not intend to move in, give them legal notice that you are not moving in. That closes the length of time the apartment is not rented, and allows them to rent it out. So you may get a refund of some of the money even if the mental standing is not accepted.

Next most likley this will have to go to court and the court will decide of she was not capable of knowing what she was doing. Of course if she drove her car there, and was living on her own at this time, the standing for mental ability is very very vague for civi and/or criminal court.

So you make your claim in writing, and allow them to make a decission to what they will do.

That will then allow you to sue in court if you do not agree with their settlement offer.

mnewman708 · Sep 30, 2006, 04:36 AM

Yes she moved in and used it for eight days. 14 days after signing the lease she was hospitalized. We are moving everything out by this weekend.This building has approx 100 units(being converted to condo) of which approx 25 are rented. There are a number of identical apts available for rent.So the landlord has inventory to sell and was not harmed in that respect.
Scottgem asks, was the landlord aware of her condition? It was readily apparent even to a layman in a conversation with her that something was not right.
Scottgem, what other factors are you referring to?
Fr Chuck, yes she drove there. Bipolar disease does not affect one's ability to drive,it affects rationality of the person and the ability to deal in reality with grandiose thoughts,and not understanding the consequences of their actions.
YES TO ALL ,your taking time to respond has helped. I would like to hear more from all
Thanks again

mnewman708 · Oct 1, 2006, 05:37 AM

EXCON, I have provided some of the answers to your questions already.
Yes she moved in and used it for 8 days.
1 year and 6 days starting July 26 with the month of August free so September 06 to September 07.
It was readily apparent even to a layman in a conversation with her that something was not right.
I do not let her do business, this was done without me knowing about it.
She has bank accounts in her name of which I have no control over.
Every one is responsible for their actions unless there is mental incompetency and the law provides for that

ScottGem · Oct 1, 2006, 10:51 AM

That something may have been wrong that she was incompentent to enter into a contract are different things. If she did move in the landlord is probably entititled to some rent during that period.

The landlord should have checked some references. And you didn't say whether he knew of her condition when he signed the lease. Its not an issue of whether he could "tell something was wrong".

But your original question was whether to send the letter and I answered that.