Can I break my Lease?

[scrooge]

State is Michigan. I've had several problems with my current landlord. Approx. 2 months ago, I started sending letters reporting a noise disturbance. While the landlord has contact my neighbors, the noise has not stopped. Also, my apartment was flooded yesterday, no big deal, but I would like out of my lease without penalty. I've had several needed repairs which they have fixed promptly. But, 2 days ago, the landlord gave someone access to my apartment on accident, which was supposed to be another apartment. Therefore, I had an unauthorized entry. To my knowledge, that is a breach of the lease on their behalf. The landlord is also letting my neighbors accross the hall move to another unit without penalty, and also paying some of their expense. I would just like to be out of my lease and on to a new home. Do I have a legal argument with the unauthorized entry?

 

[scrooge]

I would also like to add the in my lease it states that the landlord must give notice before entering, unless an emergency. They did not give notice, and I hardly see cleaning someone's apartment as an emergency.

 

[Paul Bernstein]

Your question is complex. I am in Chicago, Illinois, so can only tell you about what I know and it is not about Michigan law.

1. Consult your State laws and there may be a city ordinance that will help you.

2. By way of Chicago Ordinance and also Illinois law, even if a tenant walks-away from a written lease with months to go on it, the landlord must, by law, attempt to "mitigate damages." That is, the landlord must put forth reasonable efforts to find a new tenant for the then vacant apartment.

This is not as easy as it sounds as many sub-issues surround this concept.

3. In Chicago, if there is illegal entry into an apartment covered by the Chicago Residential Landlord and Tenant Ordinance, then a tenant may be able to "break" their lease, without penalty.

4. Chicago also has a provision that if a new tenant is NOT given a copy of the Summary of the Chicago Ordinance on landlord and tenant (and assuming the apartment is covered by the Ordinance) then the tenant, for no reason at all, can break the lease, and walk-away at a time the tenant specifies within 30-days of the notice of termination of tenancy.

5. There may be tenants' rights advocacy groups in your town or close by, and/or law school "clinics", or other facilities that can help you with your situation.