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Re: broke lease, landlord not trying to rerent

Posted by burt on March 08, 2000 at 20:58:39:

In Reply to: broke lease, however landlord not trying to rerent posted by Todd Richert on March 08, 2000 at 19:46:05:

: First off i live in michigan i realize most of you aren't from here but give me wahtever advice you have ;)

: Due to loosing a job and accepting a lower paying job I broke my lease at one apartment complex ($883 / month lease expires sept 1, 2000) and moved into a less expensive one ($620 / month) In michigan anyway it is my responsibilitiy to continue paying the rent on the old apartment until either a) they rerent it or b) the lease expires. However i have just recently discovered that they are not even TRYING to lease my apartment when people ask for availabilites they tell them all the apartments but mine. My understanding is that steering is illegal in all states and that this immediately invalidates the lease ? help me on this one ..


Here in NY state, the landlord can't just leave an apartment vacant then try to sue you for the balance on your lease. He must try to rent it. Of course, most of our judges (probably not the hanging judge I got) would just laugh the guy out of court: the U.S.Census vacancy rate for NYC is ridiculous, 2.5-3.5%
You seem to have the same law/rule, except your landlord might get away with it... suggest you send over some friends to be witnesses later to strengthen your case.

Here's a place to start:

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.

Now, go forth and search the web!
(hint: do "michigan landlord tenant": lead with your state to reduce the # of hits from elsewhere)

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