Breaking a Lease in Michigan: Tenant Rights and Landlord Options

Michigan tenants can end a lease early for domestic violence, sexual assault or stalking, for military service, and for certain age or health reasons the statute lists. Leases must tell tenants about the domestic violence right.

Michigan breaking a lease at a glance

Rule	Michigan	Law
Military service	A service member can end a residential lease after entering active service, or after receiving permanent change of station or deployment orders, with written notice and a copy of the orders.	Servicemembers Civil Relief Act (50 U.S.C. 3955)
Domestic violence survivors	A tenant with a reasonable fear of present danger from domestic violence, sexual assault or stalking can send written notice by certified mail with qualifying documentation, and is released from rent no later than the first day of the second month after notice, once they move out.	MCL 554.601b
Unlivable conditions	Serious repair failures can support a claim that the landlord breached the duty to keep the home fit, which may allow the tenant to end the tenancy or seek damages.	MCL 554.139
Landlord duty to re-rent	Michigan courts generally expect a landlord to make reasonable efforts to re-rent before claiming rent for the rest of the term.	Michigan case law
Month-to-month notice	Either side can end a month to month tenancy with one month of written notice.	MCL 554.134

Reasons that allow an early exit

A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.

Military service. A service member can end a residential lease after entering active service, or after receiving permanent change of station or deployment orders, with written notice and a copy of the orders. (Servicemembers Civil Relief Act (50 U.S.C. 3955))

Domestic violence survivors. A tenant with a reasonable fear of present danger from domestic violence, sexual assault or stalking can send written notice by certified mail with qualifying documentation, and is released from rent no later than the first day of the second month after notice, once they move out. (MCL 554.601b)

Other protected reasons. Leases may also be ended early under conditions the statute sets for tenants who become eligible for senior or subsidized housing or who can no longer live independently. (Landlord and tenant relationships act (Act 348 of 1972))

Unlivable conditions

Unlivable conditions. Serious repair failures can support a claim that the landlord breached the duty to keep the home fit, which may allow the tenant to end the tenancy or seek damages. (MCL 554.139)

What the tenant may still owe

Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.

Landlord duty to re-rent. Michigan courts generally expect a landlord to make reasonable efforts to re-rent before claiming rent for the rest of the term. (Michigan case law)

Month-to-month tenancies

Month-to-month notice. Either side can end a month to month tenancy with one month of written notice. (MCL 554.134)

Mistakes to avoid

• Billing the tenant for every remaining month without trying to re-rent the unit.
• Ignoring a protected early termination notice because it is inconvenient.
• Agreeing to an early exit by phone without a written agreement.
• Keeping more of the deposit than the lawful deductions.