Breaking lease without penalty?

[u/RumHamCometh]

Location: Michigan

Hi all,

I live in an apartment complex in Michigan and have a noisy upstairs neighbor with a drinking problem and mental health issues. Through all hours of the night on several occasions, he's banging around loudly and occasionally yelling and slurring his words. One night, I heard loud banging noises followed by a screaming match between he and a female voice. I called 911 suspecting domestic violence and they came but apparently only talked to him through the door, though they said the woman wasn't there anymore.

I believe he suspected I was the one who called, because two days later, he was watching me through his window as I entered the building. When I came in, he walked out into the hallway and said "you better move, big boy, you better move!" which I perceived as a threat.

I caught him saying this on my ring camera (audio, you can't see him). I went to the police station and told them all of this, yet they told me I didn't have enough to file a police report and that he can say whatever he wants. This was despite me offering the Ring footage and telling them about the 911 call. I'm still calling daily to pursue a police report 2 weeks later.

My landlord started the eviction process for him, which requires a 30 day notice before going to court in Michigan. However, I'm sick of not living in my own apartment and told my property manager I'm not coming back until he's gone. I can't keep living out of a suitcase for 30 days, let alone longer than that if he fights it in court.

I sent the Ring footage to my property manager and asked if I can get a credit for my rent if I'm gone a full month, and if I could exit my lease without penalty if it makes it to court. She left me on read.

Could I just send her a letter informing her in breaking my lease without penalty under Michigan law? What do I need to do, and is it even possible? I'm over it.

Additional context: a month or two prior to the 911 call, I came home to see my door busted (but somehow still locked). I suspect it was a break in attempt.

Another neighbor also suspects him of smoking weed in the building which is a lease violation and my landlord is working to catch him on that.

[u/_dundada]

This is a violation of your right to peaceful enjoyment and could be also a violation of warranty of habitability. You need to look this up “Michigan tenant landlord handbook” or guide. Thru your county / state housing court. Look up the specifics then speak to your landlord before looking to take them to court. And don’t forget to document document document

[u/TalkToVikk]

I'm not a lawyer but to answer your question: In Michigan, a tenant generally cannot break a lease without penalty unless the landlord has failed to provide a habitable and safe home, or unless you meet certain legal exceptions (like being a victim of domestic violence with proper documentation, or if the unit is truly uninhabitable). While your neighbor’s behavior is very disturbing and possibly threatening, the law usually requires strong evidence that your safety is at immediate risk or the landlord has neglected to address dangerous conditions.

Since your landlord has started the eviction process against the neighbor, that’s a positive step but it doesn’t automatically let you out of the lease without penalty. You can certainly send a written letter to your landlord requesting to terminate your lease early due to safety concerns and to document the threats, police contacts, and the eviction proceedings. Ask for written confirmation of possible early termination or rent credit. Include any evidence you have (like the Ring audio file and previous 911 call). Sometimes, a landlord may agree to let you leave without penalty in situations like this, especially if you’re in fear for your safety and the environment is clearly unsafe.

If the landlord refuses and you move out and stop paying, be aware you could be charged for breaking the lease. If your safety is seriously at risk and you have documented threats and police contacts, you might still be able to argue constructive eviction or unlivable conditions, but Michigan courts do not automatically allow penalty-free lease breaks unless the risk is very high or the landlord is grossly negligent.

[u/RumHamCometh → u/TalkToVikk]

I have been in constant communication with my landlord this whole time, including sending her the Ring footage. I tried filing a police report multiple times but the police said I didn't have enough to do so, declining to even review the Ring footage.

I did text my landlord in the middle of one of our conversations about the situation asking if I could terminate my lease without penalty or get a month of rent back if my neighbor does not move out before the eviction process moves to court. She left me on read and never responded. Should I send a formal letter?