[stacihaase]

My mother lives in Oregon. She has been diagnosed with cancer and had a recent episode which has left her unable to take care of herself. I've been told that we cannot get out of her lease which was just renewed. She's lived in the same apartment for the last 8 years.

[progunr]

There is nothing in Oregon law regarding terminal illness as a valid reason to terminate the lease early, though I think there should be.

The best thing to do, in my opinion, is notify the landlord that she is going to terminate the lease on xx-xx-xxxx date. The best case scenario would be if she knows of ANYONE who might be interested in renting her old apartment?

The key issue is that yes, she will be responsible for the rent, but only until the apartment is rented again. If she knows someone interested, she should have them inquire to the property owner in writing, about renting that specific apartment.

In the absence of a prospective renter, you need a way to monitor the property, perhaps a friendly neighbor, or checking it out yourself so that you know when it has been re-rented.
That is where her responsibility for the rent ends.

Here is a link, with a lot of information specific to Oregon tenant laws.

Tenant Education

Good Luck!

[srod]

I was just looking up info about breaking leases. Basically, it seems that you must check the contract and see what circumstances are allowed in order to break a lease. If there is not an allowance to break the lease, then you may want to try to negotiate with the landlord. If your landlord is unwilling to negotiate after having a good tenant for 8 long years, you may want to become vocal/public about your circumstances. It may benefit you also to seek legal counsel which may help you better negotiate. I wish you and your mother luck and health.

[jillianleab]

Unless there is a provision in the lease which allows early termination, no, your mother cannot break the lease for being ill. Check her lease for an early termination clause, but bear in mind, it's likely to carry hefty fees. If the lease allows subletting, she can sublet the remainder of her lease out to someone else, but not all leases allow this. Hiring legal council will do no good without any of these provisions - the lease is a legal, binding contract, and illness is not a reason to terminate.

If she's been a tenant for 8 years, you should contact her landlord directly and politely ask if there is anything they can do for you. If she's been a good tenant, they might be willing to work with you in letting her out of the lease early.

Oh, and becoming vocal about the situation will do nothing. A lease is a lease, and laws are laws. Exceptions aren't made for people just because they are sick.

Good luck.