Legal Question in Consumer Law in Michigan

I made plans to move into an apartment but changed my mind! I have not signed a lease but I paid the application, fee, security deposit and one month's rent up front! I am scheduled to move in September 1, 2010. I believe the security dep. and application are non-refundable. Can I request the one month's rent back I paid in advance?

K. L. L.


Asked on 8/18/10, 6:53 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

You can request this, but you signed a contract and could be liable for the entire amount of the lease. The landlord has an obligation to mitigate his losses by attempting to rent the property to another tenant, but if he is not successful, then you may still be liable for the rent. You are correct that the application fee is non refundable, because he probably paid to do a credit and background check on you. If you have a really good reason for backing out, try to settle with the landlord. Taking your lease and other documentation to a real estate lawyer, and having her/him handle this, may produce better results. Landlords seldom want to deal with attorneys who know the law and the tenant's rights, if they can cut their losses, and find another renter.

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Answered on 8/23/10, 7:28 am


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