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So here's the issue: I want to break my lease at my current apartment, I am moving to South Carolina, I can get proof of work, but only from a bar. I will also be in school down there.
The landlord and realtor have been far from helpful since the beginning. In searching for reasons to break my lease and not be held accountable for it the only one where everything is in writing is with the pet agreement. When I originally signed the lease, both the lease and realtor stated I could I have a dog. About two weeks ago when I asked for a confirmation letter (to give to an animal shelter) that I could have a pet, they renigged on the whole deal. They said they have decided otherwise. Though I should note that I don't have their "renig" in writing- they told me over the phone, but I am working on getting it in writing. She also never provided an inventory checklist at the beginning of the lease (which she is required by law to do).
There is nothing in the lease about terminating early other than one line: "...at landlords option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term.."
Or other clauses about me not fulfilling my end of the lease (such as being too loud or something), but nothing about the landlord/realtor keeping their end. There isn't even a clause calling for a "30 day notice" from tenant or anything.
The whole thing has been sketch from the start, I didn't even have a working stove for the first month. The realtor is so scatter brained that she hasn't been able to fill up the three vacant bedrooms, and I know she wouldn't "help" find someone to cover my end of the lease if i did terminate--like she is supposed to under MI law.
But beyond her being scatter brained, I think she is shady, she will do whatever it takes to get money out of me (as well as the landlord). I want to have a secure plan, and know my rights before I tell her I am terminating.
I don't think there is a way to get out of the lease. If you do break it you will lose your security deposit and be responsible for paying the remainder. But, if that is not that much money and you are not collectible it might not be worth their while to sue you in small claims court. Plus, they would need to have you served which will be tough if you leave the state.
Also, if they do sue you in small claims you can file a form to have the case bumped up to a general civil case which would force them to hire a lawyer which won't be cost effective for them. It's a sneaky way to get out of a small claims suit but it works.
Well, get the dog anyway. If you have something in writing amending your lease -- you're within your rights. She then has to tell you to get rid of the dog under threat of eviction. Give notice in writing to her of your pending departure illustrating her breaching the agreement first by not allowing the new pet. I'd think that would get you out of the lease but I'm not a lawyer <shrug>. She'd then have to take you to court for any more rent and you should have the paperwork showing she breached the lease agreement first.
Bottomline is that she'll have to sue you to get any more rent, you'll be out-of-state, and you'd probably win. I doubt there will ever be a lawsuit.
I own rental property in Ohio, so I don't know if this will help, but here's my take: We have never, ever, in over 25 yrs. of renting apartments to people, used leases. The reason why is, our attorney has told us numerous times that a lease is much more beneficial to the tenant than to the landlord, and much easier for a tenant to break. I don't know about Michigan, but in Ohio, the landlord has to be ACTIVELY advertising the apartment and attempting to rent it to another party before he can come after you legally for the balance of your rent. Also, I agree with the PPs: if you are in SC and I am Mr. Landlord back in MI, how am I going to effectively sue you for the balance of your rent? If I were the landlord in this case, I would just drop the whole thing, realizing what a hassle it would be to track you down and try to extract payment from you.
To the PP who suggested just getting the dog: It sounds good in theory, except for the fact that that would also be considered breaking the lease if he doesn't have it in writing that he was told that he could have the dog. Then it becomes one of those "your word against mine" things. Also, he mentioned that the pet shelter requires a form signed by the landlord stating that the tenant can have a dog. He wouldn't get that if his landlord is now saying that he can't have a dog, and a reputable shelter would never just give him a dog without it, as dogs in those situations end up back in the shelter or worse, out on the street.
To the OP: good luck, and I hope it all works out for you.
Just stop paying they'll throw you out soon enough.
I broke a lease from an apartment years ago. I wrote the ower of the building and stated all the issues I have had since being there. Along with the landlord or manager fighting with her boyfriend at 2:30am almost every Saturday on the front lawn. I had no problems.
Thanks to everyone for the answers, they are much appreciated! If I do take my chances of them not following me to South Carolina, can't they take it to a collection agency which will in turn really damage my credit? The remainder of my rent is about $1600.
And to JGatti: the owner of the building IS the problem. It's a condo that he leases out.
I believe in the state of Michigan that as the tenant you only need to give 30 days written notice to vacate the property. You should not be held accountable for the remaining months of rent. A rental agreement is a contract that can be broken (with notice) at any time from either party. I would not get the dog unless you really want to complicate matters. Plus, you are moving: do you really want to be dealing with a dog while stressing out about moving, starting a new job and going to school? The fact that your landlord did not give you an inventory checklist is really a benefit to you. She/He cannot claim you damaged anything because she can't prove the condition of the home before you moved in. Give 30 days and if you don't get your security deposit back take her to small claims court.
Thanks to everyone for the answers, they are much appreciated! If I do take my chances of them not following me to South Carolina, can't they take it to a collection agency which will in turn really damage my credit? The remainder of my rent is about $1600.
And to JGatti: the owner of the building IS the problem. It's a condo that he leases out.
They probably can if it's written in your lease that they can collect all rent due plus costs associated with collection, so the $1600 can blow up into $3200-$4000. If you can, pay them the $1600 and get them to sign a statement that you don't owe them a penny.
That's the problem, there's really no way I could pay the remainder of my rent... all $1600 for an apartment that I'm not living in. Plus, I don't think I should be held accountable for it because of how mistreated I have been as a tenant. We didn't even have a working stove for the first month, or a working dryer, and the maintenence guy was still doing basic work in here the first few weeks we were here... we had to work around him and his things. They have been nothing but unprofessional.
So the question is: will they take me to small claims court or will it automatically be thrown into a collection agency?
That's the problem, there's really no way I could pay the remainder of my rent... all $1600 for an apartment that I'm not living in. Plus, I don't think I should be held accountable for it because of how mistreated I have been as a tenant. We didn't even have a working stove for the first month, or a working dryer, and the maintenence guy was still doing basic work in here the first few weeks we were here... we had to work around him and his things. They have been nothing but unprofessional.
So the question is: will they take me to small claims court or will it automatically be thrown into a collection agency?
It depends, the cost of collecting money isn't cheap but rental properties no matter how big or small have been hurt by the loss of so many jobs. A friend of mine was in a similar situation in Chicago, although his fees were much higher, he was immediately summoned to small claims court. The problem is, once you have a collection on your record for non-payment of rent, renting becomes much more difficult. Regardless if you are sent to a collection agency or sued your number one priority should be stressing the un-professionalism of the landlord to a judge that may feel you are not responsible.
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