QUESTION
Are you responsible for the duration of a rental contract if you are evicted?
Asked on Dec 11th, 2014 on Landlord and Tenant Law - Michigan
4 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You are responsible to the end of the term of the lease ...however the landlord has an affirmative duty to make reasonable attempts to re-lease it and give you credit for any rent received.
Answered on Dec 12th, 2014 at 11:49 AM
Generally, yes. If you were evicted because you breached your obligation under the Lease (such as failing to pay rent or damaging the property), then you remain responsible for payment of rent during the lease term unless the landlord breached the Lease first. The landlord is, however, obligated to take reasonable action to find a new tenant to occupy the property and, if the landlord finds a new tenant, the rent that new tenant pays applies to reduce your ongoing rent obligation.
Answered on Dec 12th, 2014 at 9:49 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Possibly, and at least until the property is re-rented.
Answered on Dec 11th, 2014 at 11:28 PM
If evicted in Michigan, you may be responsible for the entire term if the landlord makes reasonable efforts to mitigate his her damages. Most eviction cases don't seek damage judgments if you were not personally served.
Answered on Dec 11th, 2014 at 11:28 PM