Legal Question in Landlord & Tenant Law in Michigan

Our home rental lease expired at the end of July, 2010. The land owners agreed to a month to month rental of the property so long as we give them 30 days notice before we vacate. We gave notice September 1 and asked if they would use the deposit we gave for our lease to cover September rent. The land owners said that the lease states that the deposit can not be used for rent, but I contend that we are no longer bound by the lease contract as it expired July, 31. Further, the lease and Michigan law requires the deposit be returned 30 days after the lease expires. The land owners are suing us for rent and have not returned the deposit. Do I have a defense in court for not paying rent in leiu of the return of the deposit, or using the deposit for our final months rent?

Asked on 9/13/10, 6:32 am

Timothy Klisz Klisz Law Office, PLLC

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You are wrong and they are correct. The lease says you can't use the deposit as rent and that is solid. Kliszlaw.com. Tim Klisz

Answered on 9/18/10, 7:07 am

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