Breaking a Lease Early in Michigan: What Are My Options?

If you leave without a legal reason

1. 1

   If you move out early, you owe rent for the rest of your lease. That changes if your landlord did not meet a significant legal responsibility. For example, you might owe no more rent if your landlord did not fix your heat after you told them. If you leave for that reason, you lose any rent you prepaid.

   Source:

   1. When You Move Out: Before Your Lease Ends, Michigan Legal Help. A nonprofit group.
   Tip.

   Write down each problem, every time you contacted your landlord, and the day you moved out.

2. 2

   If your landlord has met their legal duties, you can still ask them to end your lease early without paying the rest. Do not assume your landlord will agree. If you move out, your landlord should try to find someone else to rent the home. If your landlord cannot, you may have to pay the rest of the rent.

   Source:

   1. When You Move Out: Before Your Lease Ends, Michigan Legal Help. A nonprofit group.
   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

3. 3

   For example, say you have 6 months left on your lease at $1,000 a month. Your landlord rents the home to someone else after 2 months. You may owe about $2,000 for the empty months, not the $6,000 left on the lease.

   Sources:

   1. Our editorial rules.
   2. When You Move Out: Before Your Lease Ends, Michigan Legal Help. A nonprofit group.
   Tip.

   This is only an example to show how the rule works. If it goes to court, a court decides the real amount.

4. 4

   If your landlord refuses to end your lease early, you might sublease (rent your home to another tenant) if your lease allows it. You stay responsible for any rent the new tenant does not pay. You also stay responsible for damage to the home, including damage the new tenant causes.

   Source:

   1. When You Move Out: Before Your Lease Ends, Michigan Legal Help. A nonprofit group.

When you can leave early

5. 5

   Your landlord must keep the home fit for its intended use and in reasonable repair. Your landlord must also follow state and local health and safety laws. The duty does not cover problems you caused on purpose or by being careless.

   Source:

   1. MCL 554.139(1), Michigan Legislature. Law.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

After you move out

6. 6

   You must tell your landlord in writing where you can get notices. The law gives you 4 days after you move out to do this. If you do not, your landlord does not have to send you a written list of damage claimed against your deposit. You can still claim your security deposit.

   Source:

   1. MCL 554.611, Michigan Legislature. Law.
7. 7

   The law gives your landlord 30 days after you move out to mail you a written list of damage claimed against your security deposit. It must show the estimated cost of repair of each item.

   Source:

   1. MCL 554.609(1), Michigan Legislature. Law.
   Tip.

   Before you leave, clean the home and take photos of how you left it.

8. 8

   The law gives you 7 days after you get that list to answer by mail. If you do not, you forfeit (give up) the amount claimed for damage.

   Source:

   1. MCL 554.609(4), Michigan Legislature. Law.
9. 9

   If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back. Then the collector must stop trying to get that money until it answers you.

   Sources:

   1. Our editorial rules.
   2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
   3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
10. 10

    Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.

    Sources:

    1. Our editorial rules.
    2. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
    Tip.

    If you get court papers, do not ignore them. Go to court, or you can lose the case.

    From Consumer Financial Protection Bureau.

Special protections

11. 11

    You can stop owing rent if you have a real fear of danger right now. The fear must be reasonable. The danger must come from domestic violence, sexual assault, or stalking. It can be to you or your child. Send your landlord a written notice by certified mail.

    Source:

    1. MCL 554.601b(1), Michigan Legislature. Law.
    Tip.

    Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

12. 12

    Once you are released, your rent duty ends by the first day of the second month that rent is due after your notice. The release does not start before you move out. It does not cover rent you paid ahead, such as first and last months' rent. Other renters on your lease still owe under it.

    Source:

    1. MCL 554.601b(2), Michigan Legislature. Law.
13. 13

    Send written proof and a written statement of your fear with your notice. A court order that limits contact (a personal protection order) counts as proof. It must be valid and in effect on the day you send it. A probation, release, or parole order also counts. It must be in effect and say the other person must have no contact with you or your child.

    Source:

    1. MCL 554.601b(3)(a)-(b), Michigan Legislature. Law.
14. 14

    You can end your lease with 60 days written notice if you have lived in the home more than 13 months. One of two things must be true. You qualify for government-helped senior citizen housing and give your landlord written proof. Or a doctor says in a notarized statement (signed before an official who checks signatures) that you cannot live independently. This covers only leases made or renewed after the law took effect.

    Source:

    1. MCL 554.601a, Michigan Legislature. Law.