Legal Question in Elder Law in Ohio

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.

Asked on 7/29/13, 5:20 am

1 Answer from Attorneys

John Sauter Cloppert, Latanick, Sauter & Washburn
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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.

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8/04/13, 7:46 pm

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