What happens to an apartment lease if spouse dies or has to go to a nursing home? ?

Married couple sign a lease based on their combined income; one dies or has to go to a nursing home, what happens to the lease if the survivor cannot afford the apartment?


And he/she cannot even meet the properties minimum income requirements. Are there any extra charges for having to move out (break the lease)? What if the spouse goes to a nursing home does all his/her income like SSI/pension go to the nursing home?What happens to an apartment lease if spouse dies or has to go to a nursing home? ?
Most leases do not have a clause for illness or death by one of the tenants. If the property manager chooses to release you from the lease that is their option. Unfortunately, this situation usually ends up like most other broken leases. The remaining signer of the lease agreement will be responsible for 85% of a month's rent fee, plus a 30 to 60 day notice depending on the lease contract stipulation, and responsible for any rent due for the remaining after the move out until a new tenant signs the lease or the period of the lease contract ends.





If you are in short supply of money and the apartment manager is unkind I would recommend that you find alternative housing and not use your current place as a reference because you may be denied on the condition of contemplating breaking of a lease. The fees will go on your credit and you can pay them later when you are able.





I am very sorry if you need to go this route just to have a place to stay, I really hope your apartment manager is reasonable.





Another option would be to try and find a sub-leaser, someone to take over your lease. You can advertise subleases for free on craigslist.com, they will probably need to meet normal qualification guidelines the apartment complex has for new tenants. Check your lease contract to see if subleases are allowed and/or ask your apartment manager.What happens to an apartment lease if spouse dies or has to go to a nursing home? ?
(1) In general, yes (to break the lease)...but read the lease carefully. In some cases it also pays to talk (sweetly) to the manager of the complex. In my grandmothers case (nursing home...followed by death shortly after), they were very kind and understanding...letting us back date notices, full refund of deposits, no fees, and move out schedule that gave us a lot of extra time. (We had to be out in time for them to get the apartment ready for the next renter...since it took them 30 days to rent the place, we basically got an ';extra'; 20 days to move out)





(2) Depends on the nursing home. In my case, again, the answer was no. She went into a private nursing home. We paid the (entire) bill on time and they asked no questions. Public/Medicare/Medicaid homes are different. You should know these things before someone is admitted to a home.
read the lease carefully there might be a clause that address the surrender process. usually it's anywhere from 30-90dys notice. as far as the Nursing Home is concerned it is my understanding that as long as there is a spouse in the community then they will not touch the income. your best bet is to speak with an elder care atty.