Q: I am renting, the lease began on 7/30/16 & expired on 2/1/17. There was no renewal & with consent i have been paying mo
month to month. Gave my 60 day notice (per lease agreement) on 1 Aug. However on 26 Aug, landlord asked if i could move out sooner, by 10 September, since he has other tenants interested. I scrambled to make arrangements and will be out by 31 Aug so that the unit can be painted & re-carpeted. Per the lease, he wants me to pay September rent & reimburse me when new tenant moves in but since he changed the terms, which he refuses to put into writing, am I still bound to pay for Sept? Do I still get my security deposit back? Neither are specified in the lease agreement. I live in Michigan, where state law mandates 30 notice for a hold over tenant, doesn't state law trump the lease agreement?
A:
Without seeing the lease it is impossible to provide a real answer, however, there are provisions where state law 'trumps' a lease and others which are the other way around. That said, if you have moved out per agreement of the landlord before Sept 1 you should NOT pay any rent for September. Be sure you comply with the security deposit law in providing a forwarding address within 4 days of moveout / returning the keys. If you are unsure of what to do or how to do it, I strongly urge you to consult with a local landlord/tenant lawyer to insure you handle this properly! I am somewhat concerned that the landlord doesn't want to put anything in writing … seek that local legal advice!
--this answer is offered for informational purposes only and does not constitute legal advice nor does it create an attorney/client relationship. Please seek local licensed legal help if you have questions!
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