How to Transfer a Lease to a New Tenant in Michigan

If you’re renting in Michigan and need to move before your lease ends, you might wonder if you can transfer your lease to someone else. This process, often called "lease assignment" or "lease transfer," is allowed in some cases, but there are important steps and requirements set out by Michigan law that renters must follow. Understanding your rights and responsibilities can help you avoid misunderstandings and protect your interests.

Understanding Lease Transfers (Assignments) in Michigan

In Michigan, a lease transfer—legally called a “lease assignment”—lets a renter (the "assignor") transfer their rights and responsibilities under a lease to a new tenant (the "assignee"). The new tenant then takes over the lease for the remainder of the term. Whether this is possible depends on your lease terms and your landlord's approval.

• Lease assignment: The original tenant gives up all rights to the rental and is usually released from future liability.
• Subleasing: The original tenant temporarily rents out the unit to another person but remains responsible for the lease.

Michigan’s main law governing landlord-tenant relationships is the Michigan Truth in Renting Act ^[1] and the Landlord and Tenant Relationships Act ^[2]. These outline general rental rules but do not specifically require landlords to permit lease assignments unless stated in your contract.

When Can a Michigan Lease Be Transferred?

There is no automatic right under Michigan law to transfer your lease; it depends on the lease agreement and your landlord’s consent. Key points:

• Read your lease. Many agreements prohibit or limit assignments, or require permission from the landlord.
• Put all requests and permissions in writing to protect yourself.
• Landlords can often refuse a lease transfer, unless the lease specifically allows it.

Common Practical Scenarios

• If you find a new tenant willing to take over, you must ask your landlord for written approval before transferring the lease.
• Some universities and apartment complexes have their own procedures or forms for lease assignment—always check with your property manager.

How to Transfer a Lease in Michigan: Step-by-Step

Follow these steps to transfer your lease to a new tenant:

• 1. Check your lease: Review your lease for assignment or subletting clauses.
• 2. Talk to your landlord: Ask in writing for permission to transfer (assign) the lease. State your reasons and provide information about the proposed new tenant.
• 3. Obtain written consent: Get explicit, written approval from the landlord. Never proceed based on a verbal agreement alone.
• 4. Complete required forms: Your landlord may require a formal assignment document or a new lease to be signed by the incoming tenant. Michigan law does not mandate a standard state form, but you may use a generic Lease Assignment Agreement. Ensure it includes:
  • Names of all parties
  • Unit address
  • Date of assignment
  • Confirmation of landlord consent

  Example: If you are moving for a job two months before your lease ends, you might find a friend to take over. After your landlord agrees, you both sign a Lease Assignment Agreement and your landlord countersigns it. Your friend now becomes the new tenant for the rest of the lease term.

• 5. Notify all parties: Ensure all parties—landlord, original tenant, and new tenant—have copies of the signed assignment.
• 6. Security deposit arrangements: Clarify in writing who is responsible for the security deposit, as Michigan law allows landlords to require a new deposit from the incoming tenant ^[3].

For more details and sample forms, check with Michigan’s official housing sites or universities, such as Michigan's Attorney General Housing Information or your local city housing department.

Relevant Michigan Forms and Where to Find Them

• Lease Assignment Agreement (no state form number): Used to transfer lease rights to a new tenant. While Michigan does not provide an official standardized form, you may request a form from your landlord or draft a written agreement that all parties must sign. Sample templates may be available via local housing authorities or university legal offices. For example, see guidance on the University of Michigan Off-Campus Housing Lease Assignment Resource.
• Required Notice to Landlord (no state form number): Your written request to transfer the lease acts as an important record. Include the proposed assignee’s name and desired transfer date. Keep copies of all correspondence.

Who Handles Tenancy Disputes in Michigan?

If a dispute arises during a lease assignment, you may seek mediation or file a claim in the local county district court. Residential tenancy disputes are handled by:

• Michigan District Courts – handles landlord-tenant and lease assignment disputes.

FAQ: Michigan Lease Assignments

1. Can my landlord refuse to let me transfer my lease in Michigan?
   Yes, unless your lease specifically says assignments are allowed, your landlord can legally refuse. Review your lease and discuss options directly with your landlord.
2. Do I need a specific state form to assign my lease?
   Michigan does not have an official standardized Lease Assignment form. Use a written agreement and ensure the landlord consents in writing.
3. Who is responsible for the security deposit when a lease is assigned?
   Clarify with your landlord. In most cases, the outgoing and incoming tenants arrange the transfer of the security deposit between each other, but the landlord may require the new tenant to provide a new deposit.
4. What’s the difference between subletting and lease assignment?
   Assignment transfers all rights and responsibilities to the new tenant. Subletting means the original tenant remains legally responsible for the lease, even if someone else lives there.
5. Where do I go if there’s a dispute about my lease transfer?
   Contact your local Michigan District Court if you cannot resolve the issue with your landlord directly or through mediation.

Key Takeaways for Michigan Renters

• Michigan lease assignments always require landlord consent—check your lease and communicate in writing.
• No official state form exists, so use a clear, written Lease Assignment Agreement and have all parties sign.
• If you face challenges, contact your local district court or tenant resources for help.

Transferring a lease can free you from future obligations, but take every step carefully and keep detailed records.

Need Help? Resources for Renters

• Michigan Attorney General – Landlord/Tenant: Comprehensive landlord-tenant rights and forms.
• Michigan District Courts: Handles residential tenancy and lease disputes.
• University of Michigan Lease Assignment Guide: Step-by-step guides and sample agreements.

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1. Michigan Truth in Renting Act
2. Michigan Landlord and Tenant Relationships Act
3. Security Deposits in Michigan – Attorney General

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