Legal Question in Landlord & Tenant Law in Michigan

Re: Lease take over

If your girlfriend were to move out early, the management would be required by law to mitigate their damages by finding someone else to rent the apartment. In your girlfriend's case, she can provide that person. In such a scenario, it could be considered by a court to be unreasonable for the landlord to prevent this.

Girlfriend should not become a party to the new tenant's lease. She should get something in writing that she is relieved of all responsibility on the lease.

If she is going to present this proposal, she should do it in writing with a certified letter or call first and speak to management and then follow-up with confirming the conversation in a certified letter. This can then be used as evidence of either the agreement or their failure to mitigate damages.

Make sure that she knows to hold the landlord accountable for their deadlines with regard to the security deposit. If she doesn't she could lose the opportunity for a potential waiver of damages on the part of the landlord. For a discussion of how to get your security deposit back, please visit my website at www.lawrefs.com and search under landlord and tenant law.

If you would like further information or assistance, please contact me via my website at www.lawrefs.com.