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    Noellis's Avatar
    Noellis Posts: 1, Reputation: 1
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    #1

    Jan 18, 2011, 06:31 PM
    Breaking a lease in Oklahoma due to death
    I have been renting this apartment since Dec 1 2010. On Jan 2 2011 my husband was found dead in the apt. I want to break the lease. I can't live in the apartment, I don't want to live in the apt. What rights do I have in breaking the lease and what are the consequences if any in Oklahoma?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 18, 2011, 06:52 PM
    Quote Originally Posted by Noellis View Post
    I have been renting this apartment since Dec 1 2010. On Jan 2 2011 my husband was found dead in the apt. I want to break the lease. I can't live in the apartment, I dont want to live in the apt. What rights do I have in breaking the lease and what are the consequences if any in Oklahoma?
    Participants in this forum use the term "breaking a lease". I guess this can mean one of two opposite things:
    1. Breaking (or breaching) the contract (with whatever adverse legal consequences would apply); or
    2. Getting out of the terms of the lease contract because some term of the lease or some law allows you to.
    What you propose doing would be the former: a breach of contract. Simply because someone died in the premises does not necessarily make it uninhabitable.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 18, 2011, 06:52 PM

    You COULD owe for the balance of the lease IF you and the landlord can't come to an agreement. If you were both on the lease the survivor remains responsible.

    I'd try to reach an agreement with the landlord.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 18, 2011, 07:00 PM

    Sorry for your loss, but this really is not grounds to get out of the lease. You could have course "break" it, by just moving, but will owe the rent till they find a new renter.

    So if you just "CAN'T" live there, I would guess you are already living somewhere else anyway?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 18, 2011, 07:07 PM

    You have three options.

    1) Negotiate a buyout with the landlord
    2) Sublet, if the lease allows
    3) Find a replacement tenant
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 19, 2011, 09:17 AM

    I should have said I'm sorry for your loss - and I am.

    And, yes, Scott is correct about the sublease and replacement tenant.

    I'm hoping the landlord is sympathetic and you can get out of the lease and walk away.
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