Legal Question in Landlord & Tenant Law in Michigan

We had a month to month lease with our landlord. We were paid up til July 1, 2012 and had just finished moving out all of our possessions and turned off utilities June 23, 2012. Our landlord insisted she had the right to come in and move another tenant in June 24th and was actually in the house June 23rd the same night we finished packing (even though we were told she wouldn't come in til the 24th). Is this legal?


Asked on 6/27/12, 12:21 am

1 Answer from Attorneys

Jeffrey S. Kaplan Law Office of Jeffrey S. Kaplan, PLLC

If you are asking out of curiosity, the answer is - it depends on the circumstances. Since you moved all your possessions out and had all the utilities turned off, your landlord may be able to claim you surrendered the premises. On the other hand, you were still paid up until the end of the month. If you tendered your keys to the landlord before you left on the 23rd, she has a good case for surrender. If not, you may be able to show that you intended to return to clean, do repairs, etc.

If you ask because you are interested in pursuing a legal remedy I would ask what damages have you suffered? Since there was only one week left on the lease, you may be entitled to the pro-rated share of rent. Do the math. If this qualifies as a small claim, is it worth the cost of filing, let alone the time and effort to pursue? If the landlord didn't allow you a chance to clean and repair and she is making a claim against your security deposit, it may be a different story.

If you do choose to pursue this you should speak to an attorney who can ask you more pointed questions and respond to the specific details of your situation. Do NOT take this answer as legal advice.

All the best to you.

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Answered on 7/09/12, 3:43 pm


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