If I want to back out on a lease and have my name removed but there is not an early termination clause, what are my options?

UPDATED: Jul 15, 2012

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If I want to back out on a lease and have my name removed but there is not an early termination clause, what are my options?

I am signed to a 2-bedroom, 4 person apartment. Due to an unfortunate turn of events, I no longer wish to live with the people I am signed with. If possible, I would like to completely remove my name from the lease. I have spoken to the landlord and asked about my choices. He explained that I could find a sublettor. This would not remove my name unless they offered me a reassignment though. It is a jointly and severally lease. wondering if there’s another route to pay a lump sum with the landlord. No early term. clause on lease. Tenants will pay full rate without me.

Asked on July 15, 2012 under Real Estate Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you wish to get out of the lease that you are in which I understand the reasons for without any recourse from the landlord, you need to get a document signed by him or her stating such. The problem is how to go about it.

A sublet situation helps to a degree but does not resolve the matter. The best way is to see about a buy out of your position in the lease without recourse for a set sum of money where a sublet is also orchestrated at the same time. Note, the landlord is not obligated to accept such a proposal unless the presumed written lease has a provision mandating a buy out in it.

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