Legal Question in Landlord & Tenant Law in Michigan

Re: Eviction

Well, MI Law is very clear on residential leases: if you have a lease, you are bound by those terms for the lease period.

That said, the landlord has a duty to "mitigate damages." That means he has to try to re-rent the apartment during your leaseterm. If he's able to do this, you are no longer liable for the remainder of the rent. That means although the landlord can technically evict you for breach of contract (noise violiations), he cannot pursue a money judgment (contractual rent) until your lease has expired so that the full "damage" has been incurred. To ask you to pay the remainder of the leaseterm is premature at this point. Until it's shown that the landlord --having made reasonable attempts--was unable to rent the apartment to someone else during your lease term the judge cannot know the amount of money you'd owe the landlord. Therefore, I'd not recommend making payment arrangements yet. You will however need to be dilligent about photo-documenting the condition of the apartment when you leave and leave your forwarding address within 4 days of your move (trying to avoid service is not a helpful response--you want to have the opportunity to defend yourselves against unjustified costs). Any court costs will be added to the judgment.

Whether something ends up on your credit report is not an exact science--usually requires a judgment against you but can also appear in error. You just have to watch your credit and write the reporting agency that the matter is "in dispute" if it shows up.

I recommend either trying to resolve the dispute calmly, or moving voluntarily without the eviction to save court costs, provide the forwarding address and tell the landlord to contact you at the expiration of the lease re: amount owed/payment options/return of security deposit. Obviously, everything should be in writing, sent by trackable mail and a copy kept for yourselves.

Based on the limited information provided here, it doesn't sound like the landlord knows what he's doing either. If you are ever sued, you may have some statutory defenses against the landlord that could even get you money back! That is why it's important not to hide from service. Feel free to email if you need further assistance. I usually charge $125/hour but can be flexible with your budget depending on the type of assistance your need (court appearance, pleadings, further consultation). Good Luck!