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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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