There are times when an elderly person has to move out of an apartment because of poor health. This can be extremely stressful to them and their family. If money is owed to a landlord, family members are often concerned about it. Depending on the terms of the lease, it would be difficult to break a rental agreement without a termination fee or continued rental obligation.

What can an elderly person do to get out of a lease?

Tada! There are several exceptions which allow for an early termination. Plus, there are no cancellation fees for an elderly person.

One exception has become more prevalent with the aging community. If the tenant is elderly and eligible for subsidized senior housing, he or she can terminate any lease or rental agreement. Termination can also occur if the elderly person becomes incapable of living independently. The elderly tenant must have been a tenant for at least 13 months.

An elderly tenant is required to provide a 60-day notice of early termination to the landlord. A notarized statement from a physician is required if the tenant is unable to live on his or her own. This statement should indicate the reasons preventing the tenant from being able to live alone.

Unfortunately, many landlords and elderly tenants do not know of this exception. Consult an Elder Law attorney if your loved one finds him or herself in such a mess.