former roomates changed locks & landlord knew

[dahlb]

I'm hoping that the conduct of my former roomates and current landlord will allow me to break my lease. My two roomates and I signed a years lease together in July 2006 and it went well so we signed another lease in July 2007. About a month after signing in 2007, we began to not get along and by Semptember I informed them that I wanted to move out. They told me shortly after that they had gotten someone to sublease for me, so I began looking for a new apartment. When I informed them in Nov. that I would be moving, they told me that they never had anyone to sublease for me after all. Now I pay rent at that property and at my current residence and will have to do so until July 2008. I was willing to do this, but when I returned to my former residence to pick up a wall mirror I had left hanging, I found out that they had changed the locks without my permission. I contacted my landlord and he was aware that they had done this, but did not inform me because he was hoping to avoid the situation. He offered to make me a copy of the key, and said that I had every right to be at that residence because I pay rent every month and my name is on the lease. I'm hoping that this is cause to break my lease or even get money back for the months that I did not have access to my house. I also don't know if this is a matter that could resolved in small claims court with my old roomates. It is so hard for me to afford to pay two rents, if there is any advice that you can give me, I would really appreciate it. Thank you so much.
-Beth

[OHlandlord]

Why did the LL allow them to change the locks and lock you out of the place if he knew that you had every right to be there? If he was still going to keep your name on the lease, he should not have allowed them to change the locks. That is considered a constructive or illegal eviction in most places. Document this, along with the dates you found this out and how long it was until he offered you a key to the unit. You may be able to use this to be released from the lease. What state are you in so I can find a statute that applies to you? Additionally, since that was several months ago, have they now found another tenant to take your place on the lease? If they have, you no longer owe rent there.

[dahlb]

Thanks for your response! I live in Michigan, and my LL told me that he would tell me if they found someone to sublease for me, but now i have no trust in him that he would tell me, its more money in his pocket. Also, I haven't asked him to send me a copy of the key yet, because I didn't know what affect this would have. Since I don't have access, I have no way of knowing if someone else is living there. If you could find a statute that allows me to break my lease or be reimbursed somehow, I would really appreciate it.

[OHlandlord]

I tried searching MI laws for a statute but was unable to find one. I suggest you call HUD, legal aide, or a tenant's advocacy group (or tenant union) to search the statutes to find this. It is not legal to lock you out of a unit you are paying rent for. Get legal help so you can' break this lease. You should not have to continue to pay rent for a unit you have no access to. Good luck. Wish I could be of more help.

[dahlb]

Thanks for your help and advice, I'll try to contact one of these organizations.

[able1]

If you could argue that the roommates agreed to the move out, and you relied on that, you could hold them to that and sue in small claims for the rent you are paying.