My daughter signed a lease, in the state of Louisiana, where she attends school. We live in Texas, so the apartment was a necessity. I am the guarantor.

The rental does not start until August 17th. We have not taken possession.

Last week, my daughter was committed to a psychiatric hospital on a mental heath warrant and retained via an OPC here in the state of Texas. I called the apartment complex as soon as it was determined by her treatment team that she would not be able to attend a distant school this coming year. As of now they do not have a release date from the hospital for my daughter. I told them I would be able to provide documentation of her stay there and letters from physicians.

The Apartment manager told me I can sublet, but if I can't get someone for the unit I will be liable. This was confirmed by the management company which is based in my State.

What are my options for getting out of this lease? If I don't pay it up, can they lien my home or garnish my savings? Is it legal in the state of Louisiana to hold a person to a lease, before they have taken possession of the property?

Thx

A lease is a contract. You signed the lease thereby agreeing to the contract. They can indeed hold you to that contract. The thing is they have to try and rent it. If they can, then you are only on the hook for the time until they (or you) find a new tenant. So I would start advertising at the school for a sublet.

If they sue you, and get a judgement, then yes they can attach your savings, put a lien on your house etc.