|

10-03-2008, 01:50 PM
|
|
Senior Member
|
|
Join Date: Dec 2007
Location: Charlotte NC
530 posts, read 344,972 times
Reputation: 259
|
|
Quote:
Originally Posted by mitch.chesney
It's not so much the deposit (I wasn't required to give one, being an employee of a favored affiliate) but the fact it says I need to pay out the rest of the year if I terminate early. So if I leave in December, I'd be required to pay 6 months rent until June (totalling >$6600)!
All because of a stupid little 8-word clause that says any tenant can terminate early EXCEPT tenants in their first year (emphasis added). Kind of a bait and switch IMHO. I'd easily opt for the 2-month's rent early termination fee... that at least was told to me prior to signing... but not being able to terminate if it's my first year (nor being told)... that's low.
|
Could we talk with an attorney and see if this could be struck down in court? Seems... almost discriminating? (you mean to say that people in their first year can have a change in circumstances, but longer term tenants cannot?)
This also tells a good attorney that this company is WILLING to negotiate, but just discriminating at who they will negotiate with.
|
|

10-03-2008, 02:28 PM
|
|
Member
|
|
Join Date: Oct 2008
31 posts, read 28,539 times
Reputation: 12
|
|
That would be really nice if it could be an open and shut case, but it's not discriminatory against race, sex, religion, or income so I don't know if it'll hold water. I can email the lease scan to anyone who's interested in taking a look. Maybe a Detroit lawyer looking to do some pro-bono work? 
|
|

10-03-2008, 04:52 PM
|
|
Senior Member
|
|
Join Date: Jun 2008
131 posts, read 113,979 times
Reputation: 26
|
|
|
That is not discriminatory. That is simply Michigan landlord-tenant law. It would need to be struck down at the state supreme court level, not locally. That would cost you a lot more than paying out your lease. Listing the apt. and finding a new tenant won't cost you anything.
|
|

10-03-2008, 05:09 PM
|
|
Not a member
|
|
Join Date: Jun 2008
Location: MI
1,069 posts, read 500,754 times
Reputation: 459
|
|
|
I would definetly not break lease. I broke lease in FL and mine stipulated that I had to pay 3 mos or until the apartment was re-rented, but I didn't pay quick enough and, they turned it over to a collection agency and the amount doubled and it's completely legal. Whatever you do before you turn in your keys get signed statements declaring that you have paid everything in full and don't owe them one cent because I have heard to many horror stories about apartments verbally assuring you everything is fine and folks discovering several years later significant amounts owed on thier credit report from old apartment leases.
|
|

10-03-2008, 07:16 PM
|
|
Member
|
|
Join Date: Oct 2008
31 posts, read 28,539 times
Reputation: 12
|
|
|
Thanks everyone for all the great advice, resources, and help. I'm going to chalk this up to a life lesson learned and forgo trying to get around the lease... bite the bullet so to speak. I've done advertisements and received a few replies so we'll see how this pans out. If all else fails I only need to pay taxes on my company's lease buyout so that's not bad either.
So once more, thank you all and have a wonderful winter in Michigan!
|
Please register to post and access all features of our very popular forum. It is free and quick.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
|
|