How would we go about terminating the lease without the landLord making us pay the additional months?

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How would we go about terminating the lease without the landLord making us pay the additional months?

I rent an apartment. The lease started 4 months ago and ends in 8 months. We don’t like it here and we want to terminate the lease without paying the remaining months on the lease.

Asked on February 15, 2012 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The only grounds to terminate the lease without penalty (for example, without being liable for the remaining 8 months of rent) are:

1) The landlord has breached or violated the lease in a material, or significant way--for example, he has not allowed you to use all  the space or facilities you are paying for.

2) The premises is essentially uninhabitable; for example, bad mold conditions, no heat, holes in roof, etc.

3) The landlord intentionally lied to you about something significant to get you to rent--for example, you specifically asked him if it was a quiet neighborhood during the day becaue one of you has a night job and sleeps by day, and he said "yes" even though he knew there was a new building under construction next door.

4) The lease becomes impossible for reasons having nothing to do with you or the landlord (e.g. the building burns down, is taken by  eminent domain, etc.).

Apart from the above, tenants would be bound  by a lease.


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