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    pattycake8's Avatar
    pattycake8 Posts: 1, Reputation: 1
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    #1

    Jan 19, 2010, 11:10 AM
    Can I break a lease due to medical reasons
    I signed a lease in Aug '09 for one year, but had to move due to medical reasons. I am on disability, but landlady wants me to continue to pay rent until she finds another renter. Come to find out, her cottage I was renting in her backyard does not have a 'permit', so my question is: "Can she make me stick to the lease legally when her property isn't even permitted?" Thank you! Patty
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 19, 2010, 11:14 AM

    Not in NY, no. You cannot break the lease for legal reasons but she cannot enforce a contract (which is what a lease is) on an illegal unit.

    Where are you?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jan 19, 2010, 11:41 AM

    Your landlord is caught in a dilemma. If she takes you to court to pay unpaid rental because you broke the lease, if the rental was not legal, she will be bringing it to the attention of the authorities. She would then be subject to fines and voiding the lease.

    So I doubt if she will go to court.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jan 19, 2010, 12:32 PM
    Quote Originally Posted by ScottGem View Post
    ... If she takes you to court ... she will be bringing it to the attention of the authorities. ...

    So I doubt if she will go to court.
    I disagree.

    I don't think the housing authorities really pay much attention to each small claims action that is filed.

    But of course I could be wrong.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 19, 2010, 01:53 PM
    Quote Originally Posted by AK lawyer View Post
    I disagree.

    I don't think the housing authorities really pay much attention to each small claims action that is filed.

    But of course I could be wrong.
    I don't disagree with this, but since the OP knows it was an illegal rental, she can bring that to the attention of the court and the proper authorities.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jan 19, 2010, 05:03 PM

    It is really so much on where it is.

    But what is the medical reason you need to move, did you require special lifts, ramps or what

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