Breaking sublease, claiming uninhabitability

[watership]

What is the name of your state? Michigan

I signed a sublease agreement to rent an apartment from May-August. As soon as I moved in (after paying a security and first month's rent), I realized that there is little ventilation in the apartment because most of the windows are old and jammed/painted shut/don't have mechanisms to hold them open. Maintenance requests go through the original tenants, so I asked for the windows to be repaired. The tenant sent in the request, but there was no response from management. I waited 8 days and neither management nor the tenant addressed the issue, and finally left the apartment. It was over 90 degree weather and my asthma was worsening in those conditions. I offered to pay half the total summer's amount of rent, given that the apartment was not habitable. The tenant is asking for the entire amount. If this goes to small claims, will I be liable to pay the entire amount?

 

[quincy]

What is the name of your state? Michigan

I signed a sublease agreement to rent an apartment from May-August. As soon as I moved in (after paying a security and first month's rent), I realized that there is little ventilation in the apartment because most of the windows are old and jammed/painted shut/don't have mechanisms to hold them open. Maintenance requests go through the original tenants, so I asked for the windows to be repaired. The tenant sent in the request, but there was no response from management. I waited 8 days and neither management nor the tenant addressed the issue, and finally left the apartment. It was over 90 degree weather and my asthma was worsening in those conditions. I offered to pay half the total summer's amount of rent, given that the apartment was not habitable. The tenant is asking for the entire amount. If this goes to small claims, will I be liable to pay the entire amount?

You can be held to the terms of your lease.

Here is a link to a Michigan landlord tenant guide: http://www.legislature.mi.gov/documents/publications/tenantlandlord.pdf

You can skip to page 28 for Repair and Maintenance.

Your first step before breaking your lease is to call the landlord (followed up with a certified letter, return receipt requested) explaining the ventilation problem in your apartment. The sealed windows not only prevent fresh air from entering the unit, the sealed windows are a fire code violation.

The landlord needs to make repairs and, if he doesn't, you should contact the local building inspector and set up an appointment for an inspection of the premises.

If the landlord does not respond to your request for repair, you could repair the windows by hiring someone yourself and you can deduct the cost of the repair from your rent. Or you can withhold rent entirely by putting the rent amount in an escrow account until the landlord remedies the problem.

Although May was a very hot month in Michigan, June is starting off cool and comfortable. A fan can help circulate and cool the area.

Good luck.

 

[HighwayMan]

...If this goes to small claims, will I be liable to pay the entire amount?

To answer THAT specifically - no one can predict what will happen in court when all the facts are presented to a judge. We don't have a crystal ball - I believe it's out for repairs and hasn't been seen in several years, at least.

In the meantime, quincy gave you very thorough and complete information - take that and go from there.

 

[Zigner]

From my reading, the "landlord" is the other tenant in the apartment.

Just sayin'

 

[watership]

Thanks all for your responses. Yes, it is the tenant who is demanding the rent and threatening to sue. They did email a management request for me when I asked for it, but did not follow up on it and have since dismissed that there is any issue with the apartment.

 

[Zigner]

Thanks all for your responses. Yes, it is the tenant who is demanding the rent and threatening to sue. They did email a management request for me when I asked for it, but did not follow up on it and have since dismissed that there is any issue with the apartment.

As you have been told, it seems that you did not follow the proper protocol in your state.

 

[watership]

The tenant informed me that management does not take requests from subtenants, and there is no signature of the landlord/management on the sublease contract. Does this make a difference?

 

[Zigner]

The tenant informed me that management does not take requests from subtenants, and there is no signature of the landlord/management on the sublease contract. Does this make a difference?

Nope - management is not your landlord.

 

[watership]

So, if the tenant is the landlord, I contacted them by phone and email about the issue, and have a record of their response that they will follow up on it. Do I need to send them a certified letter?

 

[Zigner]

Why? You already left:

I waited 8 days and neither management nor the tenant addressed the issue, and finally left the apartment.

 

[quincy]

watership, have you already moved out of the apartment entirely or did you just move out during the string of 90+ degree temperatures?

 

[watership]

I moved out entirely, and returned the key.

 

[quincy]

I moved out entirely, and returned the key.

Okay. You (potentially) can be held to the terms of the lease you signed with the other tenant if you are sued.

Perhaps s/he won't sue - but I doubt you will get your security deposit back.

 

[watership]

Ok, thanks. Would there be any consideration of the maintenance issue, that I wasn't told the condition of the apartment beforehand, or how long the issue went unaddressed?

 

[Zigner]

Ok, thanks. Would there be any consideration of the maintenance issue, that I wasn't told the condition of the apartment beforehand, or how long the issue went unaddressed?

Once again - there are certain steps you have to take - a procedure, if you will. You failed to do that which puts you in a very bad position.

I have to ask...didn't you inspect the place before you moved in?