Breaking a lease

[Michigan Renter]

HELP!! I am trying to find out about breaking a lease in michigan. I am in a month to month lease that requires a 30day written notice. The issue is that my furnace has been out for 2 weeks and I was notified by my electric company that it has been leaking Carbon Monoxide, for god knows how long and they disconnected it. According to the electric company because the furnace is so old it would need to be replaced. I have contacted my landlord who has yet to come out and is indifferent to the whole situation. After numerous attempts to reach him he finally responded with, "i'll have to see how much thats gonna cost, i dont have that kind of money lying around." At this point i am ready to move but my question is do i still have to give him 30days notices, or because of the circumstance, would this be cause to break the lease?

[OHlandlord]

First off, you either are under a month to month agreement or a lease. Not both. Which is it? What term does your lease or agreement state - beginning date, ending date? What is the wording of the contract? Read through it and post your findings here. It makes a difference for reasons I will explain later.

Next, send a written request to repair the furnace to the LL by certified mail, return receipt requested, and keep a copy of it. The LL should respond to begin repairs within 30 days. Since it is not winter, this is not a habitability issue at this time. He doesn't need to start repairs immediately since it is not an emergency at this time of year. You don't require a working furnace when the daytime temperatures are in the 70's or 80's. He can obtain several estimates for this repair before he decides which company will do the work. Since it is not a habitability issue, if you are under a lease, you *cannot break a lease* over this issue now.

You should obtain a CO2 detector for your own protection. Unlike smoke detectors, most states do not have laws to require these in all units yet. So buy your own to protect yourself. They can be purchased for $20-30. Many just plug into any outlet, and you can take them with you to your next unit.

If you are under a lease, that 30 day clause may only apply to the end of the lease. That is, you have to give 30 days notice prior to the end of the lease if you don't plan to renew it. You normally *cannot give 30 days notice* during the course of a lease and expect to be released from it. Your deposit can be held and applied for lost rent, utiltities (if you were required to pay them), advertising, and any other monies the LL loses or pays as a result of you breaking the lease. You will only receive a statement saying what it was applied towards, and telling you how much more you owe.

If you are under a month to month agreement, you *can give this notice* at any time prior to paying the next rent. It becomes effective on the next rent day. You would pay your rent for that month and vacate the unit at the end of that month. Make sure the notice you give is in writing. Your deposit should be returned to you within your state's time limit along with an itemized statement listing any deductions. (See why I wanted to know what your contract says?)

Finally, if the LL doesn't begin these repairs within a reasonable time (which is decided by the court or by state law), then you MIGHT be able to break your lease. Since it is not cold, a judge may decide the LL should be able to have more than 30 days to repair, or he may not. He may rule that you had to use all other remedies allowed to you by law prior to breaking your lease. These may include rent withholding or repair and deduct remedies depending on what is legal in your state. Some judges will rule that unless it is an emergency, you should avail yourself of all legal procedures first, before resorting to drastic measures like breaking a lease. Breaking a lease is not something a court takes lightly. A lease is a legal contract and you cannot break it without just cause.

Please post the clause of your lease that states the term so we can determine if you are under an actual lease, or a month to month contract.

[Michigan Renter]

Thank you so much for responding!!! It actually states Month-to-month rental agreement. It also states "This agreement will begin on February 1, 2007, and will continue on a month-to-month basis until terminated. This agreement may only be terminated by 30 days written notice from either party."

[OHlandlord]

Since it is a m2m agreement, you can give notice very soon to take effect on October 1 and be out on October 31. Make sure you give it in writing and keep a copy in case they say they didn't get it. Good luck in your next place.

[Michigan Renter]

Thanks a lot, you've been so helpful!!!