Can a tenant break the lease for health issues?

[Albert Johnson]

Tenants never complained of a health issue. Now they are stating since moving here they developed severe allergies and other issues, and have been going to the ER quite often. They plan to vacate Dec 1st. Lease expires July 2025.

can we sue for remainder balance on lease?

[Nathan Gesner]

Quote from @Albert Johnson:

I recommend you slow down and think this through.

What is your goal? Prevent financial loss. The tenant is going to leave no matter what you say, so you should figure out how to let them go while ensuring there's no loss of income.

I suggest you remind the tenant they are contractually obligated to pay rent and other costs until a new tenant is found. The faster you find a replacement tenant, the less the departing tenant has to pay. Tell them you want to start marketing and showing the property immediately. If your current tenant leaves on December 1 and you move in a new tenant on December 15, the current tenant will only be liable for 15 days of rent. You can deduct that amount from the deposit and refund the remainder. If it takes 45 days to find a new renter, the old renter is responsible for 45 days of rent. You deduct what you can from the deposit and charge them for the remainder.

If it takes longer and the deposit won't cover the losses, send a bill to your departing tenant and give them 30 days to pay. If they fail to pay, then you can consider taking them to small claims court or filing with a collection agency.