I am paying $1206 a month in rent and will break my lease with 14 months left. My landlord wants to charge me $190 times the 4 months for what they call a "Concession". Furthermore they want to charge me an early termination fee of $1392. They also will charge me $1392 for each month that the apartment is not rented. In addition, they have put the apartment on market for $1444. Lets say it took them 2 months to rent it at a 12 month rate of $1444. Then they would make a $1444*12-$1206*14=$444 profit before charging me. After charging me they would make $1444*12-$1206*12+$1392+$190*4=$5006 profit. This is clearly illegal, right? Also, are they even allowed to rent it for more than I was renting it for? It seems to me even if they are allowed to rent it for a larger amount, I should then get that extra money credited to me (up until the balance I owe to them is 0). I also feel a lease termination is illegal. The cost of advertising and cleaning can not be argued to be $1392 unless I destroyed the place which I didn't. That $1392 figure is what they will charge even if they walk in and the place is perfectly clean already.

  • What exactly does your lease say regarding tenant's premature termination? do you mean "4" or "14" months left? Hopefully this is not an instance of tenants shooting themselves in the foot by signing a lease without carefully reading the conditions therein. – Iñaki Viggers Jul 12 '19 at 19:50
  • It says 14 months rather than 4. I believe that Michigan law says that you can't sign away your right to have your damages mitigated. To charge a huge termination fee in addition to putting me on the hook for time not rented in addition to putting it on the market for almost $250 more than I was originally paying seems to me to be very illegal. – math314 Jul 17 '19 at 16:16
  • Consider the extreme case where you have to pay a termination fee of $10,000 of remaining rent plus rent for each day it is not rented. Now assume it is rented out tomorrow. I would argue fails to mitigate damages. – math314 Jul 17 '19 at 16:19
  • I also am under the impression that a Michigan renter can either honor the contract or they can break lease and pay lost rent plus damages for advertising ect. However, I would argue that they can not be forced to pay a sum so as its unequivocally clear that they are paying a penalty and the landlord is making bank off people breaking lease. – math314 Jul 17 '19 at 16:21

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.