QUESTION

Can the judge issue a bench warrant for failure to appear for breaking a lease or can they issue any kind of warrant?

Asked on Apr 15th, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
I may have to move in a month or so. My lease does not expire until May 31, 2015. Real estate said they can sue us $3000 each month until lease is up. Thatโ€™s 3 times the rent. Also, they can take us to court to sue us. The reason why I need to leave is because I need to separate from my husband.
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4 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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You do not give enough information to really answer this question.. First, if your soon to be ex is still living there he can be held responsible for the rent. Second, in Michigan the worst case scenario is you will be liable for ONLY the unpaid rent until the term of the lease is up. Third, the landlord has a responsibility to mitigate damages, e.g. re-rent, a vacant unit.
Answered on Apr 16th, 2014 at 6:29 PM

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Litigation Attorney serving Bakersfield, CA at Dessy & Dessy
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There are special laws in California that release the person from a lease obligation if they are moving as a result of spousal abuse.
Answered on Apr 16th, 2014 at 11:30 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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But your husband is still there? He can pay it. Or is he not on the lease? In that case, see if the landlord would accept him as the renter. As for a bench warrant, I think what is more likely to happen is that a default judgment would be entered against you. I don't know about the $3000 a month. That sounds more like a penalty than actual damages and, if it is a penalty, is not enforceable.
Answered on Apr 16th, 2014 at 10:12 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It would appear that you need an attorney for any number of things, including your relationship with your landlord and the disintegrating relationship with your husband. Generally the fact that your marriage is coming to an end, or that you can no longer live with your husband, does not change or negate the legal relationship which you have with your landlord. Generally that will be defined by your lease, and your landlord can potentially sue you for any unpaid rents.
Answered on Apr 16th, 2014 at 10:00 AM

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