Right to break Lease agreement with out being penalized
I’ve been at my apartment for 10 1/2 months; My lease agreement is a year. I want to move out and get my deposit back and not pay any more rent because the apartment is infested with all sorts of roaches and insects, crime fested, and nothing ever gets fixed.. I also want to know I’m I entitled to mental compensation
Re: Right to break Lease agreement with out being penalized
According to MCL 554.139, the landlord has a duty to keep your apartment fit for the use intended and in reasonable repair during the term of the lease, and to comply with the health
and safety laws.
You must look at your lease because your landlord’s duties may be modified by the lease terms, except for the duty to not expose occupants to unreasonable health
risks. However, the landlord is also relieved of the duty to repair and comply, if your willful or irresponsible conduct or lack of conduct has caused the disrepair or violation of health or
safety laws.
You are required to perform certain duties as well such as to pay your rent on time; to keep the apartment sanitary; to promptly notify your landlord of problems; and to exterminate insects that were not there when you moved in.
In order to withhold rent, you have to have provided notice to the landlord and an opportunity to repair. The rent has to go into an escrow account.
It causes me some concern that you have been there for 10 and 1/2 months and only have 1 1/2 months left. Depending on your prior communications with the landlord, it may not be worth the trouble.
(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)
If you have further questions or concerns, or desire more specific information, please contact me at http://www.lawrefs.com.
Renee Walsh
Walsh Law PLLC
1805 Hamilton Road
Okemos, MI 48864
Re: Right to break Lease agreement with out being penalized
You would not likely be awarded any compensation for mental anguish – in fact I would be shocked if you were. Put your requests to your landlord regarding the bugs in writing – landlords do have a duty to remedy situations.
You can also place your rent money into an escrow account (and notify the landlord of that account), until the problems are resolved.
And be glad your lease is almost up!
Audra Arndt
Audra A. Arndt & Associates, PLLC
6689 Orchard Lake Road #284
West Bloomfield, MI 48322