COLUMN: Barbara Holland

Q. My 85-year-old mother has been living in an apartment for about five years and her lease is up next year. Her doctor has recommended that she move closer to his office as well as to me, her daughter. It is difficult for her to afford her current rent and there is a senior apartment complex closer to me that is cheaper.

She gave the rental agent at her complex a letter from her doctor, but was told that if she broke her lease that she would forfeit her deposit and be responsible for rent until her lease ends. Also, the assistant manager at the complex where she would like to move just told her that her credit check was denied because her current apartment complex stated that she had not given ample notice.

What is her recourse? If my mother moves from the current complex after giving ample notice, a minimum of 30 days, can they garnish her Social Security or lien her savings account if she moves before the lease expires?

A. Regardless of a letter from her doctor, your mother has a legal obligation to honor the lease agreement that she signed. Her apartment complex does not have to release her from her obligations.

If she breaks the lease, she will be responsible for the loss of rent. The management company has a legal obligation to mitigate the damages by releasing the unit as quickly as it can. Since there is a soft apartment market, it may take substantial time to release the unit.

In the preamble of the lease agreement, it probably states that the rent on a monthly basis and then as a total for the lease period. For example, it may say that the tenant shall pay $7,200 in equal monthly payments of $600 per month. This is the part of the lease that you need to review.

If your mother breaks her lease, the apartment complex could initiate a lawsuit against her, probably in small claims court. If they win, they could attach any income that she may receive, such as her savings account or checking account.

You should contact the corporate office of the management company, not the on-site staff. Ask if they would allow you to sublet her apartment, thereby finding a tenant to rent the unit. In this case, you would be responsible for the lease agreement and the subtenant.

Another possible solution is to see if the corporate office would allow you to buyout the lease agreement. For example, you might forfeit the security deposit and offer them three months of rental payments.

Finally, you may want to contact the local HUD office and see if your mother qualifies for any federal programs, such as Section 8 that would help pay part or all of her rental payments. Not all properties accept the Section 8 program. If she is eligible and if her current community accepts Section 8, your mother may be able to continue to reside in her present apartment until her lease expires.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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