Legal Question in Landlord & Tenant Law in Michigan

Unable to get out of a lease

I am a current college student and I signed a lease for an apartment in November. Due to some up problems, I am no longer able to reside her when the school year starts up again. They want me to pay a cancellation fee on top of the $250 dollars I already gave them as my security deposit. They also told me that if no one moves into the apartment I am responsible still for paying the rent. Is this company aloud to do this even though I have never lived here before? I have been the the apartment one time, and that was to look to make sure I wanted it. Please let me know what I can do. There is no way I can pay for this apartment now because of my current situation.


Asked on 6/11/08, 8:17 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Unable to get out of a lease

You are bound by the terms of the lease the moment you signed the agreement - has nothing to do with never moving in. Yes, the landlord has a duty to mitigate their damages by finding another renter, and since it is a college town, hopefuly they will find another renter. But, if not, they could sue you for the entire rent you would have paid under the lease.

I would suggest paying the cancellation fee, but ONLY if they provide you with something in writing that they will not pursue any further legal or collection actions against you.

Otherwise, you should retain a lawyer to negotiate a settlement/resolution for you, so that they do not take advantage of you.

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Answered on 6/14/08, 11:00 pm


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