Can I break my lease because of a school transfer?

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Can I break my lease because of a school transfer?

Asked on January 6, 2013 under Real Estate Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This first thing that you need to do is to review your lease and look for language about just this type of situation. However, typically leases do not provide protection for a termination in the event of such a transfer. The fact is that you are more than likely not entitled to terminate your lease early. Therefore, you will be liable for the remaining rent .

Thhat having been said, your landlord is under a "duty to mitigate damages" once you move out. This means that they must use reasonable efforts to find a replacement tenant. Once the new tenant moves in, you will be relieved of any further rental obligation.

Do you know of someone who would like take over your unit? Also, can possibly sublet your unit. With a sublet you become the landlord (actually the "sub-landlord"). You could even choose to charge the "sub-tenant" less than what you are currently paying but it would at least give you some financial relief. You should be aware, however, that a sublet typically requires the landlord's permission; furthermore you should be aware that with a sublease you will still remain liable for the rent even if your sub-tenant fails to pay you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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