Legal Question in Landlord & Tenant Law in Michigan
Landlord Lost Rent Check - sublet situation
I am subleting an apartment for five weeks this summer, and sent the rent check in May 07 before I moved in during late June '07. Today, July 11 07, I recieved an email from my subleaser stating that he lost both our rent and deposit check, and wants me to send him replacements for both checks. Am I responsible for replacing the checks?
2 Answers from Attorneys
Re: Landlord Lost Rent Check - sublet situation
The only thing I would add to the above response is that you should stop payment on the checks and ask the landlord to pay the transaction fees to stop payment.
Re: Landlord Lost Rent Check - sublet situation
Yes. You are responsible to pay your rent. Imagine going to court and the landlord saying that he lost the checks and you would not provide replacements, so you reap a windfall and paid no consideration in the end. If the money has not been taken out of your account, then you should replace the checks.
(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)
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