Legal Question in Landlord & Tenant Law in Michigan

Late notice of move-out fee

My roomate and I are preparing to move out of our apartment at the end of our lease. The landlord was notified of our intent to do so in writing 13 days prior to the end of the lease date. The landlord claims that because we did not notify them of our intent to vacate at the end of our lease at least 30 days prior to the end of lease date, we will be assessed a fee for not doing so. We are not terminating the lease early, simply moving out when it ends. Moreover, they will not inform us of the amount of the fee until we move out, as they claim they do not know until their automated system assigns the fee. Is it legal for them to assess this fee when we are not occupying the unit beyond the end of the lease?


Asked on 1/23/06, 2:55 pm

1 Answer from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Late notice of move-out fee

I have dealt with this exact same issue a few times now, and each time I have been able to convince the landlord that the 30-day requirement will not hold up in court because a lease ends by its own terms and also the 30-day notice language creates an ambiguity in the contract. You can try reasoning with the landlord by telling him or her that.

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Answered on 1/24/06, 7:41 pm


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