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    gad2980's Avatar
    gad2980 Posts: 1, Reputation: 1
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    #1

    Apr 4, 2009, 05:24 AM
    Elderly rights for breaking lease due to medical reasons
    I have spoken to the main office at the senior living apartment that my mother has resided at since May of 2005. She has always paid her rent on time and has never been a problem.
    My question is this... If her doctor has filed a FL2 (papers that require her to move to assisted living for her own safety due to a stroke)is the landlord able to hold her to her lease agreement and retain her deposit for breaking her lease 22 days before it was up for renewal? We gave a thirty day notice and paid the rent for those thirty days as well even though my mother has already been moved to an assisted living facility. I also went in and asked for a copy of her original lease which they provided and they also said they gave me her newest lease that was supposed to be dated may 2008 to may 2009 but the last lease they gave me ended on may of 2008.
    I just feel there has got to be a law that if the doctor demands she live somewhere safer for her well being that they can no longer hold her to her agreement since she is no longer able to make the decision of where she lives from here on out.
    I am hoping that someone can help me and would deeply appreciate any advice you may have for us.
    Sincerely
    Sara J Smith
    North Carolina
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 4, 2009, 06:22 AM

    Generally there isn't, But I'm really surprised that senior living wouldn't have something in the lease about such things.

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