Flint, MI asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan

Q: i lived in an apt complex for 5 years. NEVER paid a late fee!!!!!no problems at all. mt lease was up april 30,2020. i h

i couldnt get help to move at that time because of virus closures. i couldnt turn key in till june 6 they are saying i have to pay my deposit back and charging me a mth rent during the initial out break. how can they charge me 800.00

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Landlord Tenant Lawyer
  • Howell, MI
  • Licensed in Michigan

A: If I understand the question, you resided in an apartment until June 6 but your lease ended on April 30. That means you 'held over' a little over a month.

Therefore, you owe a little over a month in extra rent on a 'month to month' basis (look at your lease, I bet it has a 'hold over' clause and even without an explicit 'hold over clause that would be the case).

Was your rent $800? Is there a provision about holding over that increases the rent? What was your security deposit? Are they simply taking that last month's rent from the deposit? That would be allowed provided the landlord follows all the rest of the rules. Without specific details (which would be inappropriate in a public forum like this) it is impossible to say for sure, but your situation doesn't SOUND like it is inappropriate. If you still have questions, you should consult with a local landlord/tenant attorney.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.