Legal Question in Landlord & Tenant Law in Michigan
lease breaking
we have a three year lease agreement and want to break it after on year. what recourse do we have?
1 Answer from Attorneys
Re: lease breaking
You need to provide more details such as whether you are the landlord or the tenant. Either way, you'd need a reason to break the lease to avoid paying the rent for the remaining term of the lease.
The landlord does have an obligation to mitigate its damages by finding a new tenant, but that could take several months, and depending on the terms of your lease agreement, you are most likely responsible for rent until he finds a new tenant. If he couldn't find a new tenant for 2 years, and could prove he made every effort to find a new tenant, technically you could be on the hook for the rent for those 2 years.
You probably also forfeit any deposit for breaching your lease (again, depends on the terms of your lease).
If you are terminating for good cause, such as uninhabitable conditions, there are certain steps you have to take before you just up and split without being on the hook for rent.
You might want to talk with your landlord and tell them you want to leave so he can look for a new tenant now - maybe he will agree to terminate the lease early and keep only half your deposit, etc.
Related Questions & Answers
-
Eviction Is there a law that protects pregnant women and eviction? Asked 6/19/07, 2:06 pm in United States Michigan Landlord & Tenants