# Penalties for breaking a lease **URL:** \ **Category:** Factual Questions\ **Created:** [December 4, 2004, 5:27am UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026 "2004-12-04T05:27:41Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![Excalibre](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@Excalibre](https://boards.straightdope.com/u/Excalibre)\ **Post date:** [December 4, 2004, 5:27am UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/1 "2004-12-04T05:27:41Z")
A dear friend of mine has a job offer that she’s relocating for. She is renting an apartment and has six months left on her lease. The lease doesn’t enumerate any specific penalty for breaking a lease, but I’m sure that laws must apply to renters in this situation. We live in Michigan. Does anyone know anything about the applicable laws? Is there a maximum amount she’s liable for? What if the landlord doesn’t make a good-faith effort to find another renter? I understand that no one can give me real legal advice here, but some pointers would be helpful. ---
**Author:** ![Metacom](https://avatars.discourse-cdn.com/v4/letter/m/ecae2f/32.png) [@Metacom](https://boards.straightdope.com/u/Metacom)\ **Post date:** [December 4, 2004, 5:47am UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/2 "2004-12-04T05:47:40Z")
As someone who is planning on breaking his lease soon to purchase a house, the first thing I’d advise is for your friend to get in contact with her landlord/leasing office and ask _them_. They may very well be perfectly willing to cut her a deal that’s completely different then the letter-of-the-lease. For example, my lease says that if I move out before the lease is over, all future rent and a $750 fine become immediately past due(!!), but the leasing office is allowing me to pay the fine, one month’s rent, and rent for 60 days minus the amount of notice I give (i.e., if I give 30 days notice I would owe 30 days rent). An apartment complex is likely gonna be more flexible “in person” then on paper, given that the paper is probably just legal boilerplate. That said, a lease _is_ a contract, and she is liable for paying rent for the duration of the lease. However, most states require the landlord to “mitigate liability” by making a good-faith effort to re-rent the apartment. Michigan is _not_ such a state. My copy of Nolo’s “Renter’s Rights” says that the duty to re-rent is “unclear or courts have not addressed the issue” in Michigan. My copy is dated October 2000, so it may be out of date. Also, there may be local ordinances that apply, so she may want to check with her city or county. If her landlord is uncooperative, your friend’s best bet is probably gonna be to contact the local bar for a referal. They frequently have a program where they’ll hook you up with a 1/2 hour consult with a qualified lawyer for beans (often around $30, which, relative to just about any other lawyer related cost, is pennies). IANAL, etc. ---
**Author:** ![ouryL](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ouryl/32/6067_2.png) [@ouryL](https://boards.straightdope.com/u/ouryL)\ **Post date:** [December 4, 2004, 6:17am UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/3 "2004-12-04T06:17:12Z")
> [@Excalibre](#): > > A dear friend of mine has a job offer that she’s relocating for. She is renting an apartment and has six months left on her lease. The lease doesn’t enumerate any specific penalty for breaking a lease, but I’m sure that laws must apply to renters in this situation. > > We live in Michigan. Does anyone know anything about the applicable laws? Is there a maximum amount she’s liable for? What if the landlord doesn’t make a good-faith effort to find another renter? > > I understand that no one can give me real legal advice here, but some pointers would be helpful. [here, you lazy bugger](http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-348-of-1972) ---
**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\ **Post date:** [December 4, 2004, 6:18pm UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/4 "2004-12-04T18:18:10Z")
> [@Metacom](#): > > my lease says that if I move out before the lease is over, all future rent and a $750 fine become immediately past due What is to stop you from simply continuing to pay rent until the lease ends, thus avoiding fines and “past due” problems? ---
**Author:** ![ouryL](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ouryl/32/6067_2.png) [@ouryL](https://boards.straightdope.com/u/ouryL)\ **Post date:** [December 4, 2004, 6:42pm UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/5 "2004-12-04T18:42:57Z")
Our city has a pamphlet on landlord tenant law, written for both the landlord and tenant. I wouldn’t be surprised if your city or state had one too. ---
**Author:** ![CynicalGabe](https://avatars.discourse-cdn.com/v4/letter/c/3e96dc/32.png) [@CynicalGabe](https://boards.straightdope.com/u/CynicalGabe)\ **Post date:** [December 4, 2004, 6:55pm UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/6 "2004-12-04T18:55:02Z")
They may let you sublet the apartment to a another party for the remainder of your lease. Especially if th other party is interested in leasing the location once your lease is over. ---
**Author:** ![The\_Flying\_Dutchman](https://avatars.discourse-cdn.com/v4/letter/t/9fc348/32.png) [@The\_Flying\_Dutchman](https://boards.straightdope.com/u/The_Flying_Dutchman)\ **Post date:** [December 4, 2004, 7:01pm UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/7 "2004-12-04T19:01:29Z")
I just heard of a guy who bought a dog and refused to give it up so that he would get evicted. He was successful. ---
**Author:** ![ouryL](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ouryl/32/6067_2.png) [@ouryL](https://boards.straightdope.com/u/ouryL)\ **Post date:** [December 4, 2004, 7:38pm UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/8 "2004-12-04T19:38:32Z")
> [@ouryL](#): > > [here, you lazy bugger](http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-348-of-1972) I notice landlord tenant law in Michigan is sparse in detail. This means one must from inferences from precedence and other similar laws. This means ya gotta find help from someone in your state. In Hawaii, you cannot be charged for \*more \* than the total rental fees due for the length of the lease. They cannot charge you a fee for breaking the lease, even if the fee is less than the length of the total rental fees, because if you break your lease and move out, the landlord must show a good faith effort to rent out that apartment for the remainder of the lease and subtract that from the amount owed. However, I do notice that some states allow a fee for breaking a lease, this gives more flexabilty. The landlord can elect, for instance, to upgrade, do repairs to, or take off the market the apartment and not re-rent it immediately. And also close the books on the previous tenant. The tenant is relieved of all obligations and gets back any or all monies immedately, instead of waiting for the landlord to ameliorate their damages. It is inconceivable that breaking the rent means you have to pay all the rent immediately and pay a fine, and lose the right to occupy the apartment; since the damages cannot be more than if you had payed the rent all along. But who knows? You know what they say about Michigan!! :rolleyes: ---
**Author:** ![CynicalGabe](https://avatars.discourse-cdn.com/v4/letter/c/3e96dc/32.png) [@CynicalGabe](https://boards.straightdope.com/u/CynicalGabe)\ **Post date:** [December 4, 2004, 7:51pm UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/9 "2004-12-04T19:51:04Z")
That you can wish and wish again, to be back in the land where [you] [were] born? 😃 ---
**Author:** ![Excalibre](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@Excalibre](https://boards.straightdope.com/u/Excalibre)\ **Post date:** [December 4, 2004, 8:10pm UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/10 "2004-12-04T20:10:53Z")
> [@CynicalGabe](#): > > That you can wish and wish again, to be back in the land where [you] [were] born? 😃 I can’t remember the name of this song, but it’s a fuck of a lot better than out state song. “Michigan, my Michigan” sung to the tune of “O Tanenbaum”. Anyway, thanks a bunch for the advice, guys. I’ll tell her her best bet is to work it out with the landlord (it’s just a single house, and she’s spoken to him already about it) and she’s already offered to do some of the legwork finding a new tenant. If that fails, I guess she’s gonna have to borrow money from her folks to pay it. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [December 4, 2004, 8:22pm UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/11 "2004-12-04T20:22:26Z")
> [@Metacom](#): > > As someone who is planning on breaking his lease soon to purchase a house, the first thing I’d advise is for your friend to get in contact with her landlord/leasing office and ask _them_. They may very well be perfectly willing to cut her a deal that’s completely different then the letter-of-the-lease. For example, my lease says that if I move out before the lease is over, all future rent and a $750 fine become immediately past due(!!), but the leasing office is allowing me to pay the fine, one month’s rent, and rent for 60 days minus the amount of notice I give (i.e., if I give 30 days notice I would owe 30 days rent). An apartment complex is likely gonna be more flexible “in person” then on paper, given that the paper is probably just legal boilerplate. > > That said, a lease _is_ a contract, and she is liable for paying rent for the duration of the lease. However, most states require the landlord to “mitigate liability” by making a good-faith effort to re-rent the apartment. Michigan is _not_ such a state. My copy of Nolo’s “Renter’s Rights” says that the duty to re-rent is “unclear or courts have not addressed the issue” in Michigan. My copy is dated October 2000, so it may be out of date. Also, there may be local ordinances that apply, so she may want to check with her city or county. > > If her landlord is uncooperative, your friend’s best bet is probably gonna be to contact the local bar for a referal. They frequently have a program where they’ll hook you up with a 1/2 hour consult with a qualified lawyer for beans (often around $30, which, relative to just about any other lawyer related cost, is pennies). > > IANAL, etc. If the land lord actually enforced that penalty why would anyone break the lease? You’d save $750 by just paying rent and not living there. ---
**Author:** ![Metacom](https://avatars.discourse-cdn.com/v4/letter/m/ecae2f/32.png) [@Metacom](https://boards.straightdope.com/u/Metacom)\ **Post date:** [December 4, 2004, 9:55pm UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/12 "2004-12-04T21:55:46Z")
> [@Martin Hyde](#): > > If the land lord actually enforced that penalty why would anyone break the lease? You’d save $750 by just paying rent and not living there. Because my lease, like many others, requires that my apartment be my legal residence. The exact wording in my lease is: > [@Metacom's Lease](#): > > **Acceleration**. All monthly rent for the rest of the Lease Contract term or renewal period will be accelerated automatically without notice or demand (before or after acceleration) and will be immediately due and delinquent if, without our written consent: (1) **you move out, remove property in preparing to move out, or give oral or written notice (by you or any other occupant) of intent to move out before the Lease Contract term or renewal period ends**; _and_ (2) you’ve not paid all rent for the entire Lease Contract term or renewal period. … The clause that requires the early move-out penalty specifically says that it’s not a cancellation fee and doesn’t wave any other liabilities in the lease (i.e., future rent). ---
**Author:** ![Metacom](https://avatars.discourse-cdn.com/v4/letter/m/ecae2f/32.png) [@Metacom](https://boards.straightdope.com/u/Metacom)\ **Post date:** [December 4, 2004, 9:57pm UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/13 "2004-12-04T21:57:06Z")
> [@grienspace](#): > > I just heard of a guy who bought a dog and refused to give it up so that he would get evicted. He was successful. And also trashed his credit report and score and made it _much_ harder to find another apartment in the future. Eviction proceedings are a matter of public record that show up on your credit report. Landlords check credit reports, and don’t like renting to people who’ve been evicted. I don’t recommend this route. 🙂 ---
**Author:** ![Mathochist](https://avatars.discourse-cdn.com/v4/letter/m/c89c15/32.png) [@Mathochist](https://boards.straightdope.com/u/Mathochist)\ **Post date:** [December 5, 2004, 1:51am UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/14 "2004-12-05T01:51:59Z")
> [@Metacom](#): > > if I move out before the lease is over, all future rent and a $750 fine become immediately past due Does this strike anyone else as insane? Hell, just “keep living there” on paper until the end of the lease if they’re not willing to find another renter. Why the hell would you be liable for this additional $750? ---
**Author:** ![Mathochist](https://avatars.discourse-cdn.com/v4/letter/m/c89c15/32.png) [@Mathochist](https://boards.straightdope.com/u/Mathochist)\ **Post date:** [December 5, 2004, 1:53am UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/15 "2004-12-05T01:53:25Z")
> [@Metacom](#): > > Because my lease, like many others, requires that my apartment be my legal residence. The exact wording in my lease is: > > The clause that requires the early move-out penalty specifically says that it’s not a cancellation fee and doesn’t wave any other liabilities in the lease (i.e., future rent). Never mind my other post now :o ---
**Author:** ![Mathochist](https://avatars.discourse-cdn.com/v4/letter/m/c89c15/32.png) [@Mathochist](https://boards.straightdope.com/u/Mathochist)\ **Post date:** [December 5, 2004, 1:55am UTC](https://boards.straightdope.com/t/penalties-for-breaking-a-lease/278026/16 "2004-12-05T01:55:45Z")
> [@Excalibre](#): > > I can’t remember the name of this song, but it’s a fuck of a lot better than out state song. “Michigan, my Michigan” sung to the tune of “O Tanenbaum”. You’re kidding. It’s the same in Maryland. At least once a day for _three years_ I heard an off-key computerized carillion bang out that tune while I went to college.