Tenants in Michigan have defined legal options to break a lease early without penalties. This guide explains these rights, highlights the potential consequences, and outlines how both tenants and landlords can protect their interests when a lease ends before its scheduled end date.
Legal Reasons to Break a Lease Early in Michigan
Michigan law allows landlords and tenants to end a lease before it expires in certain situations, such as:
1. Active Duty Military
Tenants called to active military service have the right under federal law to end a lease early. The rule applies when service members relocate for deployment or a permanent change of station. Coverage starts on the first day of active duty and lasts 30 to 90 days after discharge.
To qualify, the tenant must serve more than 30 days in the military, Reserve, or National Guard, or as an officer in the Public Health Service or NOAA. The PCS or deployment orders must originate from the tenant’s military command and be issued prior to the lease being signed.
The tenant must provide the landlord with written notice and a copy of the orders. Termination does not take effect right away, however. Once the tenant delivers notice, the lease ends no sooner than 30 days after the start of the next rent period, giving both sides time to adjust.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Violence, Sexual Assault, or Stalking
Tenants in Michigan who are dealing with domestic violence, sexual assault, or stalking can terminate their lease early without facing any penalties. State law safeguards victims who present their landlords with the necessary documentation.
To qualify, tenants must give written notice and include one of the following: a personal protection order, a probation or parole order, or a police report that confirms the incident. The abuser does not need to live in the same household for the law to apply.
Tenants must provide at least 30 days’ written notice. During that time, they are still responsible for rent and must leave the unit in good condition upon departure. After the notice period ends, the lease will terminate, and the tenant won’t owe any further rent.
Supporting law: MCL §§ 554.601b, 554.601c
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
In Michigan, tenants may be able to terminate a lease early if the rental property becomes unlivable and the landlord fails to address serious problems after being notified. Michigan recognizes an implied warranty of habitability, which requires landlords to maintain properties in a safe, sanitary, and suitable condition for occupancy.
The issues must be significant and not caused by the tenant’s own actions or negligence. Examples include:
- Poor or ineffective weatherproofing
- Faulty or unsafe plumbing systems
- No access to hot and cold running water
- Lack of a working heating system
- Broken or dangerous stairways and railings
To pursue lease termination, tenants should provide written notice describing the problems, allow the landlord a reasonable amount of time to make repairs, and maintain records of both the conditions and their requests. If the landlord fails to repair the property, tenants may leave the premises and claim constructive eviction in court.
Supporting law: MCL § 554.139
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Harassment or Privacy Violations
In Michigan, tenants can terminate a lease early if the landlord’s harassment or repeated privacy violations amount to constructive eviction. Courts consider constructive eviction to occur when a landlord’s actions render the unit unlivable or substantially interfere with the tenant’s right to quiet enjoyment.
Examples of landlord harassment in Michigan include:
- Entering the unit without notice or consent
- Removing doors or windows, shutting off utilities, or changing locks
- Ignoring or delaying essential repairs required by law
- Harassing or discriminating against tenants in protected classes
To end the lease early, tenants should document the violations, send a written notice to the landlord, and vacate the premises within a reasonable timeframe. If the landlord wants unpaid rent, tenants can use constructive eviction as a defense. The court will then determine whether the landlord’s actions justify terminating the lease.
Supporting law: MCL § 554.139
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Tenant Can No Longer Live Independently
In Michigan, tenants who can no longer live independently due to a disability or medical condition are not automatically permitted to break a lease early. Still, federal protections may apply if a disability makes continued occupancy unreasonable without an accommodation.
The Fair Housing Act and the Americans with Disabilities Act allow tenants to request lease termination as a reasonable accommodation when their condition prevents them from safely residing in the rental unit. To do this, tenants must provide documentation of the disability, give written notice to the landlord, and explain why ending the lease is necessary.
Supporting laws: 42 U.S.C. §§ 3601–3619, 12101–12213
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Unenforceable or Void Lease Agreement
In Michigan, tenants are not bound by a lease when the agreement is legally void or unenforceable. A lease becomes invalid if a minor signs it, if duress forces the signing, or if it covers a rental unit that cannot lawfully be occupied.
A lease may be voidable or unenforceable in Michigan if:
- Signed under duress: Threats or coercion eliminate genuine consent.
- Signed by a minor: Individuals under 18 generally cannot be held to lease terms.
- Unit is illegal: Properties that violate housing codes or lack approval for occupancy.
In these instances, the court treats a lease as if it never existed. The tenant can move out without owing future rent, although disputes over deposits or damages may still arise. If a landlord withholds a tenant’s security deposit, the tenant can pursue justice in small claims court.
Supporting law: MCL § 554.139
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
7. Mutual Agreement Between Landlord & Tenant
In Michigan, a landlord and tenant can agree to end a lease early without penalty. They may do so through direct negotiation or by relying on an early termination clause.
Common reasons for mutual lease termination include:
- Job relocation or transfer
- Financial hardship
- Family or medical needs
- Property sale or redevelopment
- Tenant buying a home
When seeking early termination, tenants should clearly explain their situation and propose suitable terms. Both sides can then decide on notice periods, final rent payments, and how to handle deposits. A signed termination agreement confirms the lease ends on fair and enforceable terms.
Other Legal Reasons for Breaking a Lease in Michigan
Michigan tenants may sometimes terminate a lease early when state or federal law creates protections that exceed the usual rules.
Other valid reasons include:
Court-ordered relocation of the tenant: If a court directs a tenant to relocate due to legal proceedings, the lease may terminate because staying in the property is no longer legally permissible.
Condemnation of the rental property: When authorities condemn a unit due to code or safety violations, the rental becomes legally uninhabitable, and the lease obligations end.
Supporting law: MCL § 554.139
Natural disasters that render the unit uninhabitable: Events like fires, floods, or other disasters can make a unit unsafe. Tenants may leave and claim constructive eviction if the landlord challenges the termination of the lease.
These less common situations are still recognized under Michigan law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
In Michigan, tenants who break a lease without a valid legal reason often forfeit their security deposit, risk legal action from the landlord, damage their credit, or receive poor rental references, which can make finding future housing more challenging.
Landlord’s Duty to Mitigate Damages in Michigan
In Michigan, landlords do not have a legal obligation to mitigate losses when a tenant vacates before the lease term ends. If a tenant abandons the unit, the landlord has no obligation to seek a replacement renter, and the tenant may owe rent for the remainder of the lease.
A landlord may decide to re-rent the property, but the law does not require them to do so. If another tenant moves in, the original tenant remains responsible only for unpaid rent up to that point, along with any damages that go beyond normal wear and tear.
Supporting law: Belle Isle Grill Corp. v. City of Detroit
Tenant’s Right to Sublet in Michigan
Michigan law does not grant tenants an automatic right to sublease a rental. Subletting typically requires landlord approval, and many leases specify that consent must be in writing. Even if the lease doesn’t address it, the landlord may still refuse a sublease request.
If subletting is allowed, the original tenant remains responsible under the lease. The subtenant pays rent to the tenant, who is responsible for ensuring that the landlord receives payment. While subleasing can ease the financial burden, it does not absolve the tenant of liability if the subtenant misses rent or causes damage to the unit.
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