Tenant's cosigner asking to break lease due to medical reasons

[Carlos Lez]

I rent to students around a university. It is mid year and this tenants mom (co-signer) wrote the following note;

I am writing to formally request the early termination of my child's lease at location in San Jose due to a medical illness that renders him unable to continue attending college. He will be taking a leave of absence for the  year.

Given the unforeseen nature of his health condition we would appreciate your assistance and consideration in addressing this situation. We are willing to provide additional documentation to support our request and discuss any potential steps to ensure a smooth and fair process for all parties involved.

Thank you for your attention to this matter. We appreciate your support and understanding during this challenging time.

A medical note attached simply says "1 year leave from school for medical reasons"

Please advise on what is the best recourse in handling a situation like this? It may not be easy to rent at this time of the year.

[Patricia Steiner]

From internet search/Turbo Tenant:  'In certain instances, breaking a lease in California due to a medical condition might be possible. If your medical condition qualifies as a disability and your current living situation isn't suitable, you might have grounds to break your lease without penalty.' (End)  The physician note must be on letterhead and signed.

If it were me, I would let all lease holders know that:

1.  You appreciate them letting you know of the situation and hope for his speedy recovery.

2.  Unless the medical condition meets the state criteria for early termination and that the medical notice does not appear to suggest that, you cannot terminate the lease outright/immediately but that you will begin to market the property for rental and upon securing an acceptable tenant, the lease can be terminated pending a satisfactory property walkthrough indicating no damages.  I would restate that the lease will remain in place until such time that a new tenant is selected and moves into the property.

This approach will ensure your cash flow while acknowledging that 'stuff happens.'  I would also do a property walkthrough asap and determine if the tenant will be occupying the property until termination is possible or leaving. He can leave - but he will still be on the hook for rent until someone else is found to assume it.

Hope this helps.  Fun, huh?