rental-property michigan breaking-the-lease
Maximum penalty for breaking residential lease in Michigan?
<p>I live in Michigan and I am breaking my lease to move to Maryland.  I current pay around $1200 a month.  According to the document I signed, I have to remain in the apartment for 6 months, then give them a two month notice, and then after those two months I have to pay another 2 months rent.  In addition I will have to pay a "coupon rate" of close to $200 for each of those ten months rent.  The amount this comes out to is $9,092.  In addition they refuse to honor their duty to mitigate damages (make a best effort to find another renter), and I live in a very nice complex (which I am renting for below market due to when I moved in).  The housing/rental area I live in is also a very hot market.  My apartment complex also refuses to allow me to sublet.</p>

<p>I was wondering what my real legal responsibilities are in this matter, and what the maximum amount I am legally required to pay.  I am also absolutely certain they will be able to rent the complex quickly (I will give 1 month notice, and will move end of summer which is a hot time to rent in my area).</p>

<p>I have a friend who is a landlord and he says the law states the maximum rent that can be charged is 3 months.  Is this true?</p>

<blockquote>
  <p>they refuse to honor right to mitigate damage laws</p>
</blockquote>

<p>It is unclear whether you mean that the lease disavows the landlord's duty to mitigate damages. If so, that would be in violation of state law, thereby rendering the lease unenforceable (at least in part) or the landlord in breach of contract. <a href="http://www.legislature.mi.gov/(S(nbdcydboyxy2ycncx2fobg5x))/mileg.aspx?page=getobject&amp;objectname=mcl-554-633" rel="nofollow noreferrer">MCL 554.633(1)</a>reads:</p>

<blockquote>
  <p>A rental agreement shall not include a provision that </p>
  
  <p>[...]</p>
  
  <p>(k) Releases a party from a duty to mitigate damages.</p>
</blockquote>

<p>It is also unclear from your post whether the lease requires the penalization payments to be <em>accelerated</em>. If so, it would also violate item (i) of same statute, which prohibits a clause that</p>

<blockquote>
  <p>Provides that rental payments may be accelerated if the rental
  agreement is breached by the tenant, unless the provision also
  includes a statement that the tenant may not be liable for the total
  accelerated amount because of the landlord's obligation to minimize
  damages, and that either party may have a court determine the actual
  amount owed, if any.</p>
</blockquote>

<p>Altogether the conditions of your lease seem quite punitive, whence it surprises me that you signed that lease in the first place.</p>

<blockquote>
  <p>I have a friend who is a landlord and he says the law states the maximum rent that can be charged is 3 months. Is this true?</p>
</blockquote>

<p>Ask your friend provided you with the specific statute. The sections pertaining to <a href="http://www.legislature.mi.gov/(S(nbdcydboyxy2ycncx2fobg5x))/mileg.aspx?page=getobject&amp;objectname=mcl-Act-348-of-1972" rel="nofollow noreferrer">Landlord and Tenant Relationships</a> do not reflect what your friend told you, although it could be that that provision is located somewhere else in Michigan legislature.</p>
