Legal Question in Landlord & Tenant Law in Michigan

Getting Evicted & Need To Break Lease

We're getting evicted for non-payment of rent due to income decline/loss and are wondering if we can get out of the obligation to continue paying rent for the remaining period of the lease? We've paid a security deposit and are wondering if that can be used as the rent we owe? If we have to keep paying rent we won't be able to afford to live anywhere else. We do not want to continue living here and we have a different place to live when we get evicted. Another issue for consideration is the validity of our lease because when we met with the resident manager to sign the lease and move in, the manager told me to lie about my age and birthday because I was a few months shy of 18. Does that mean that our lease isn't even legal and that we can get out of it after eviction?


Asked on 3/26/05, 1:32 am

1 Answer from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: Getting Evicted & Need To Break Lease

Yes, if you were under 18 at the time you signed the lease it is "voidable." That is, you can void your obligation. If you had a co-signor who was older than 18, they would still be liable under the lease. Now, the landlord, after he evicts you, has a duty to mitigate the damages by rerenting the property. For more info, please contact my office at (248)851-3171

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Answered on 3/28/05, 10:10 am


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