A sibling and I moved into a house of our own a few months ago and I have been trying to get someone to take over our leases since. I’ve tried to get nearly a dozen people to take over our lease, but the pre-approval requirements are stricter than when we signed on (i.e requiring the applicants to be college students/recent graduates), which was a factor in almost all of those prospects being removed from consideration, either by us or by landlord rejection. Now I just want to get out of the lease because that’s over a thousand dollars that could go to the house.
- I’ve already looked over the lease and there’s nothing concrete I can use in my favor.
- We’ve received surrender of possession forms as it’s closer to the end of the lease and it claims that we’d still be bound to the terms of the lease if we turn our keys in early.
- Utilities there are still active in my name.
- Reviewing the lease, there seems to be at least two passages I’m certain are unenforceable in some regard, those parts bolded;
• Replacing a TENANT, subletting, or assignment is allowed only when LANDLORD consents in writing. If departing or remaining TENANTS find a replacement TENANT acceptable before moving out and LANDLORD expressly consents to the replacement, subletting, or assignment, then: A $100 RE-LETTING FEE APPLIES. The remaining TENANTS will remain liable for all Lease Contract obligations for the rest of the original Lease Contract term. Your security deposit will be NOT be refunded. NOTE: It is the sole responsibility of the departing TENANT and remaining TENANTS to find a replacement. The $100 fee is paid by the departing TENANT to cover administrative costs. Owner, or owner’s agent, has no responsibility to find a replacement. If no replacement is found the departing TENANT will remain liable for the total amount of the rent.
• In the event of a violation by any one of the TENANT’S occupying the Premises or their guests of any provision of this Lease, the LANDLORD reserves the right to terminate the Lease, in which case all rents will be retained by the LANDLORD. LANDLORD may evict one TENANT or all of the TENANT’S for a violation of the lease at LANDLORD’S discretion. In the event a TENANT is evicted from the premises the TENANT (s) remains liable for the full amount of the rent until the time the original lease has expired, or the Owner has been able to rerent their spot to another TENANT - Lastly, there’s multiple maintenance issues I’ve not brought to the property manager’s attention, ranging from a mismatched window screen to a leaky toilet. I know I should and will inform the landlord of those no matter what happens.
Is there anything I can do?
Location: Michigan
Comments
Exactly why do you think those are unenforceable?
If you signed a lease, you are obligated to pay for it unless you find a replacement as outlined in the lease. Is there an early termination clause? Some leases will allow you to pay 2-3 months’ rent as a penalty for getting out early.
Landlords do have a duty to mitigate damages in Michigan. You’d have to stop paying rent altogether and just leave
When they sue you for the rent, if you believe they didn’t sufficiently mitigate their damages starting from that first unpaid rental period, you’d bring that up in court
> In the event a TENANT is evicted from the premises the TENANT (s) remains liable for the full amount of the rent until the time the original lease has expired, or the Owner has been able to rerent their spot to another TENANT
This bit is actually valid and how it typically works
You’re responsible for paying rent under this contract.
The landlord does have a duty to mitigate damages by making a reasonable effort to rent the property.
The maintenance issues are irrelevant to your contractual obligation to pay rent.
You can see if your landlord is willing to negotiate.
Not sure the legality here, but why don’t you put out ads that meet the criteria the land lord is looking for and offer to supplement the rent to an extremely attractive rate upon approval. (In the form of a one time payout, like offer $100 off a month for the remainder of your lease and then pay them what that total amount would be once the deal is done)…..
Seems like your best bet at this point would be to find ways to reduce the cost, get creative….
>Is there anything I can do?
Those terms make it pretty clear that about the only thing you can do is find a tenant to replace you, or load the rent on your sibling and pay them back later.