Legal Question in Real Estate Law in California
lease agreements
My father is 86 years old and just diagnosed with dimentia. He lives alone.
We want to move him in with us, however, he is on a 1 year lease agreement, of which he has 9 more months on agreement. Can we stop paying?
2 Answers from Attorneys
Re: lease agreements
I am sorry to hear about your Father's condition. Have you spoken with the owner? I would imagine that they would understand given the situation and release him from the contract. Be sure to get everything in writing though. If they won't go along with that, and if your Father signed the agreement himself, you could argue that this recent diagnosis is evidence that three months ago, he did not have the mental capacity to enter into the agreement.
I hope it all works out.
Re: lease agreements
I am sorry to hear this. When was your dad first diagnosed with dimentia ? and do you have a durable power of attorney or considered a conservator ? Assuming not, argument must be made that your father was incompetent at the time of signing the lease agreement. I can write them a letter.
Good Luck
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