Legal Question in Landlord & Tenant Law in Michigan

Signed lease for an apartment but told agent I had changed my mind within 24 hours, before lease began and never took possession. They had four other available units at the time. They are now trying to sue me for multiple months of rent and I just received a subpoena to appear and produce. What are my options?


Asked on 11/14/09, 1:41 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Did you put your cancellation in writing? Are they denying you gave timely notice? What did the lease state re: time to cancel and the method of cancellation? Depending on the those factors, and many others, you may have a good legal defense to the lawsuit. It depends on the specific facts and evidence of your case. The landlord always has a duty to mitigate by immediately offering the unit for sale to get a tenant as quickly as possible. Due to the economy right now, a court is going to be harder on a landlord right now trying to recoup money from you, if they weren't really damaged, and/or the apartment would have remained vacant anyways, since there are not a lot of people renting apartments right now. I would strongly suggest you retain a lawyer, such as myself, to defend you properly, so that you do not lose and/or end up with a judgment against you. Whatever you do, always timely and properly respond to a lawsuit and appear for all court hearings, or the landlord can get a default judgment against you, regardless of the merits of their case, simply for you failing to defend yourself, and it is very difficult to get default judgments set aside.

Please contact me if you would like to retain me to assist you. Thanks.

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Answered on 11/19/09, 4:32 pm


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