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Posted by Todd Richert on March 15, 2000 at 11:24:54:

I will try to keep this brief, but I know it wont be I have a lot of information to divulge if I am to get a resonable responce.

First I am aware most of you are in new york and unfamiliar with Michigan law so I will include exerpts and links to fill in the gaps.

SITUATION :

I have a lease with "Lessor" which expires on Sept 1, 2000. I moved out on Feb 14th of this year (after giving 30 days notice). Michigan law states that I am responsible to continue paying the rent until they re-rent the apartment, no problem I figured since they almost never have any vacancies 1-2 months at most. Now I am 30 days from the date of move out and I have come to find out that they are not even TRYING to rent my apartment. I have collected 3 pieces of evidence to date
* - Fax from leasing agent listing avail apartments (MINE NOT LISTED)
* - Had a witness go down in person to get the same information from a differnt leasing agent, again my name not listed.
* - Called this morning and tape recorded conversation with yet a third agent who listed off the availble propertis and still mine not listed.

I think at this point I have sufficent evidence to prove my point, and here is a "translation" of teh Michigan Truth in Renting act as posted on this site in "other areas.

Truth in Renting Translation :

"My lease doesn't expire until September but I want to move out in June. Can I be held responsible for the rent for the remainder of the lease?"
Your lease cannot require that you automatically pay the entire amount of rent remaining if you break the lease. Your landlord probably will charge you rent for the period during which he/she is unable to find a tenant. It is to your advantage to help the landlord find a new tenant. If you have to break lease, both you and your landlord have a duty to mitigate damages. This means that each of you has a responsibility to minimize the cost to each other. Your landlord has a duty to actively seek a new tenant for the rental unit and cannot charge you for rent after he or she has found a new tenant.

__________

It clearly says that the landlord must be actively seeking a new tenant, but I can not find this provision anywhere in the acctually act :

http://www.libofmich.lib.mi.us/law/publicacts/pa454of1978.html

Before I file a suit I need to know 2 things

A ) Can I file for the $1310.22 in late rent i've already paid since it would appear they are in violation of the law which would violate the lease ?
B ) How do i file to void the lease ? I know how to file in small claims for the $1300 but can that judge void the lease ?

Any help is GREATLY appreciated !!

Follow Ups:

• Re: Michigan Landlord-Tenant links Link 03/20/00 (0)
• Re: Michigan Landlord: yours??? news? 03/19/00 (0)

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Comments:
: I will try to keep this brief, but I know it wont be I have a lot of information to divulge if I am to get a resonable responce.

: First I am aware most of you are in new york and unfamiliar with Michigan law so I will include exerpts and links to fill in the gaps.

: SITUATION :

: I have a lease with "Lessor" which expires on Sept 1, 2000.  I moved out on Feb 14th of this year (after giving 30 days notice).  Michigan law states that I am responsible to continue paying the rent until they re-rent the apartment, no problem I figured since they almost never have any vacancies 1-2 months at most.  Now I am 30 days from the date of move out and I have come to find out that they are not even TRYING to rent my apartment.  I have collected 3 pieces of evidence to date 
:     * - Fax from leasing agent listing avail apartments (MINE NOT LISTED)
:     * - Had a witness go down in person to get the same information from a differnt leasing agent, again my name not listed.
:     * - Called this morning and tape recorded conversation with yet a third agent who listed off the availble propertis and still mine not listed.

: I think at this point I have sufficent evidence to prove my point, and here is a "translation" of teh Michigan Truth in Renting act as posted on this site in "other areas.

: Truth in Renting Translation :

: "My lease doesn't expire until September but I want to move out in June. Can I be held responsible for the rent for the remainder of the lease?" 
: Your lease cannot require that you automatically pay the entire amount of rent remaining if you break the lease. Your landlord probably will charge you rent for the period during which he/she is unable to find a tenant. It is to your advantage to help the landlord find a new tenant. If you have to break lease, both you and your landlord have a duty to mitigate damages. This means that each of you has a responsibility to minimize the cost to each other. Your landlord has a duty to actively seek a new tenant for the rental unit and cannot charge you for rent after he or she has found a new tenant. 

: __________

: It clearly says that the landlord must be actively seeking a new tenant, but I can not find this provision anywhere in the acctually act :

: http://www.libofmich.lib.mi.us/law/publicacts/pa454of1978.html

: Before I file a suit I need to know 2 things

: A ) Can I file for the $1310.22 in late rent i've already paid since it would appear they are in violation of the law which would violate the lease ?
: B ) How do i file to void the lease ?  I know how to file in small claims for the $1300 but can that judge void the lease ? 

: Any help is GREATLY appreciated !! 


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