Can an elderly person be held accountable for an apartment lease if they have a stroke and are no longer able to take care of themselves? My mothers doctor has deemed her unable to care for herself and we were forced to put her in a home. The apartment complex is saying she owes for the remainder of her lease and charging late fees for the rent not being paid on time.
1 Answer from Attorneys
Yes. A lease is a contractual agreement between two or more parties. So long as the lease did not have clause about the cancellation of a lease due to a person's incapacitation because of illness, disease, death, etc., the lease remains in effect and the tenant is obligated to pay monthly rent to the landlord. That being said, its pretty slimy to try to enforce the terms of a rental agreement against someone who has been institutionalized due to a stroke. Shame on them.
Related Questions & Answers
Estate question-My step father passed away and does not have a will. I am a joint... Asked 6/27/13, 1:14 pm in United States Ohio Elder Law
My mother died in 2005, during her final years she received $8800.00 in home health... Asked 6/13/13, 10:32 am in United States Ohio Elder Law
Mother live alone, she is in her 80s, if she should fall is there a law that says... Asked 10/01/12, 6:41 am in United States Ohio Elder Law
I have power of attorney for my 86 year old mother in Ohio and she would like to put... Asked 4/05/12, 9:19 pm in United States Ohio Elder Law
Parents going into an assisted living facility. children's names have been on their... Asked 1/13/12, 8:25 am in United States Ohio Elder Law