Most residential lease agreements terminate at the end of the stated agreement term, but under what conditions can the landlord or tenant terminate the agreement early? How to break a lease in Michigan? Reasons for early termination will differ by state, and in Michigan, the law provides for some specific instances in favor of the landlord or the tenant to terminate early.
Landlord's Options for Early Lease Termination
Can a landlord break a lease in Michigan?
If a tenant fails to meet certain obligations or engages in certain behaviors, the landlord may have the legal right to terminate the lease before its scheduled end.
Non-Compliance with Rental Agreement Terms
One of the most common reasons for a landlord to terminate a lease early is the tenant's failure to comply with the terms outlined in the rental agreement. These terms may include responsibilities related to paying rent on time, maintaining the property, or adhering to specific rules regarding noise, pets, or the use of common areas.
It's important for both landlords and tenants to thoroughly review their lease agreements, as these documents often outline the specific actions or omissions that could result in early termination. In cases of non-compliance, the landlord typically provides a written notice to the tenant detailing the issue and offering a timeframe to resolve it.
Misrepresentation of Rental Application
Another valid reason for a landlord to seek early lease termination of tenancy in Michigan is when a tenant has misrepresented any material fact on their rental application. This could include providing false information about income, employment status, rental history, or criminal background.
In Michigan, landlords have the right to rely on the information provided by prospective tenants, and if a tenant is found to have provided inaccurate or incomplete information, the landlord may choose to terminate the lease early.
Illegal Activities on the Premises
Michigan law is particularly strict when it comes to illegal activities on rental properties. Under MCL 554.134, a landlord can terminate a lease if the tenant, anyone in their household, or any person under their control is involved in illegal activities, such as drug-related offenses.
Tenant's Options for Early Lease Termination
While landlords have certain rights to terminate leases early in Michigan, tenants also have legal protections that allow them to break a lease under specific circumstances. Michigan law outlines several situations as below.
Property Damage or Destruction
In Michigan, tenants have the right to terminate their lease if the rental property is significantly damaged or destroyed due to fire or another casualty. In case the premises are rendered uninhabitable—such as after a fire, flood, or severe structural damage—the tenant may choose to end the lease agreement without financial penalty.
The landlord is generally responsible for maintaining the property in habitable condition, and if the damage is beyond repair or makes it unsafe to continue living in, the tenant has a legal basis to vacate the premises.
In other cases where the property is abandoned, landlords can refer to our tips on handling the situation in Michigan.
Domestic Violence, Sexual Assault, or Stalking
Michigan law also offers protections for tenants who face a reasonable apprehension of danger due to domestic violence, sexual assault, or stalking.
Under MCL 554.601(b), the tenants may terminate the lease early when they feel threatened or unsafe. They must provide written notice to the landlord and may also need to provide documentation of the situation, such as a police report or a court order of protection.
Eligibility for Senior Citizen Housing
Tenants who have lived in a rental property for more than 13 months may be eligible for early lease termination if they qualify for senior citizen housing. Under MCL 554.601(a), if a tenant becomes eligible to occupy a subsidized rental unit designated for senior citizens, they have the right to terminate their lease early by providing the landlord with written proof of their eligibility.
Inability to Live Independently
When a tenant becomes unable to live independently due to a medical condition or disability, they may break their lease early with the proper documentation.
According to MCL 554.601(a), tenants must provide a 60-day written notice to the landlord, along with a notarized statement from a physician certifying that the tenant can no longer manage daily living tasks. This provision allows tenants to seek alternative living arrangements, such as assisted living when they are no longer capable of maintaining an independent lifestyle.
Legal Considerations and Procedures
When breaking a lease early in Michigan, tenants and landlords must follow specific legal procedures:
Providing Proper Notice
In Michigan, the law typically requires tenants to give at least 30 days' notice before vacating the premises, unless the lease agreement specifies a different timeframe.
However, in certain situations, like domestic violence or eligibility for senior housing, tenants may be required to provide specific documentation along with their notice. It’s also essential to document the date the notice was given, as disputes can arise over whether proper notice was provided.
Documentation and Proof
In some cases, tenants need to provide documentation or proof when requesting to break a lease early. This is particularly true in situations like domestic violence, medical incapacity, or eligibility for senior housing. Similarly, if a tenant becomes incapable of living independently, a notarized statement from a physician may be required to confirm the tenant’s medical condition.
Potential Penalties and Liabilities
Even with valid legal reasons to break a lease in Michigan for terminating a lease early, tenants may still face certain penalties or liabilities.
Tenants could be required to pay rent for the remainder of the lease term or for the time it takes the landlord to find a new tenant, depending on the circumstances. However, in situations like property damage or cases involving domestic violence, tenants are generally not required to continue paying rent once they have vacated the property.
Bottom Line
Breaking a lease in Michigan can be manageable if you understand the necessary steps. This article outlines key procedures and essential documentation to help you navigate the process effectively, ensuring you know your rights and responsibilities as a tenant.
