Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan

Q: If I break my 1 year lease agreement with 4 months remaining and my landlord decides to move back into the home,

Is it considered subleasing? Would I still be held reliable to pay the remaining months rent?

2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Landlord Tenant Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: If the place is immediately 're-rented' likely no, you won't owe additional.

You may be liable for 'damages' but if there were no damages ....

HOWEVER, before relying on this it would be wise to have a local lawyer review your lease and all the facts to insure there might not be other issues looming that you're not anticipating. There is no 'one size fits all' calculation here -- the facts of your case matter -- seek local representation.

--I am licensed to practice in Michigan only. This answer is offered for information only and does not constitute legal advice nor create an attorney/client relationship. Please seek licensed local representation if you have further questions.

David Soble
David Soble
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: Your landlord has a duty to mitigate their damages. If they lease the property out immediately, then it is unlikely that they will have an action against you for back rent. They do have the right to pursue you for any material damages that you may have caused- so make sure that you timely complete a "check- out list" or received a check list for any damages from your landlord.

Finally, remember, leases are contracts and taking legal action is unique to each person's situation. You should have a real estate attorney review your lease further before you take or fail to take action. See more at www.provenresource.com

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.