Elderly Tenant Moved into Assisted Living - Now what

[Remmy Vernon]

Got a voicemail today from an elderly tenant's son-in-law saying after several hospital visits, they have moved her into an assisted living facility and she won;t be returning to her apartment.

She just renewed her lease in Oct. of this year for a year.

She is a sweet little old lady and we are sorry to have her leave but also understand why.

It's winter here, and this will put us at 3 vacancies. If it weren't for the fact that all 3 of these units need new carpet, paint, etc., I wouldn't be too worried. I would just let her go.

I do not see any laws regarding breaking a lease when moving to a care facility. Can I offer them a penalty for breaking the lease rather than trying to make them pay the remaining portion of the lease? Maybe 3 months rent? Just to get me through the worst part of winter. I also don't want to rent this unit out without the renovations I feel it needs, plus I can get a little more money for it.

Of course, I could just let it go. It's Christmas, right? 

What would you do or what have you done in similar cases?

[Michael Boyer]

remmy, I would get it turned around and let it go at that. Try and reduce the vacancy and use it as an opportunity to improve the unit. Your only damages are until you rerent anyway, so weigh that, too.

You would have to research your state contract law or see a legal professional , but impossibility or even impracticability can be reasons to let someone out of a contract in some cases.. 

Here the person sounds literally unable to live there alone...so they might point to that... Plus, probably lots of emotional issues for that family anyway...and you would look shady in a court going after old people who can't live on their own anymore....I like your Christmas idea and playing the Scrooge at the end of the story (after he sees the light) not the  beginning sounds the best route....