Legal Question in Landlord & Tenant Law in Michigan
We bought a new home and want to get out of our lease. The landlord will not let us and said the Condo rules will not allow him to rent the place out until the one year lease is up. We sent a certified letter on October 15 stateing we would be out on January 15. We moved out took utilites out of our name and have stopped paying rent. The landloed said they would sell the condo but have made no attempt to do so.
1 Answer from Attorneys
What exactly is your question - whether or not your landlord can sue you and actually recover any damages? I'd have to review your lease agreement and the condo bylaws to provide you with a thorough answer. The landlord does have a duty to mitigate by offering the condo for sale or rent as soon as he knows you are moving, or after you vacate and the landlord completes the requisite repairs and cleaning. If he sues you, he will have to prove he attempted to mitigate his damages and was unable to rent it due to the market or some unknown factor. He may not sue you - it depends on the amount of damages and how litigious he is. If he does, please contact me to arrange a consultation and perhaps retain me to represent you.
And thank you for putting your notices in writing!! Not many people do that, and I can't tell you how many times I've said "always put everything in writing." Even if you have a telephone conversation with him, or anyone, follow it up with a confirming letter outlining the discussion. That way, if they don't dispute the contents of the letter, it is essentially taken as true, or at least weighs in your favor.
Thank you.