Q: Is my mentally ill adult daughter liable for an apt lease she signed?

A: Unless there is a guardianship proceeding or some other court mental health proceeding, it will be an uphill battle fighting this in court. People are presumed competent when entering contracts. And just having a mental health diagnosis does not necessarily make a person legally incompetent.

What could happen from here? The apartment complex could sue her for the balance of the lease. They would need to should efforts to mitigate the damages (e.g. trying to re-rent the apartment). Whether they will do that depends on whether it makes economic sense to them. And if they do, there would likely be an opportunity to settle it for an amount certain.

A: The issue under Michigan law is whether she had the ability to understand what she was signing. I agree that the diagnosis does not answer the question. Were she to be sued, she would have to convince the court of her defense, which might require expert testimony. Further, the landlord would probably sue in Illinois on the theory that she consented to a jurisdiction in that state when she signed the lease. She might do well to contact the landlord and propose a settlement. An attorney could help with that. Another possible consideration to argue is that she does not have assets or income from which a judgment can be collected.

A: What you're outlining, as identified by some other attorneys here, is a defense based on lack of capacity. That is, certain individuals (possibly your daughter) are legally incapable of incurring binding contractual obligations. And in the case of a protected individual in this class who makes a timely assertion of that defense makes the contract voidable at that persons election (possibly your daughter).

Facts will be important in this case regarding the severity of your daughters mental illness and the medication. Mental illness and medication cover a wide variety of things, some protected and some not. Whether or not your daughter's mental capacity/intoxication (possibly medication) was so deficient that she was incapable of undertanding the nature and significance of a contract is the general standard we'd be considering.

While you are free to contact Zamzow Fabian PLLC about this matter as we are licensed in Illinois and Michigan, keep in mind there is do attorney-client relationship until one is formed by a signed writing by both parties with payment.