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  1. #1
    Join Date
    Jul 2017
    Location
    Michigan
    Posts
    1

    Default Tenant Moved Out Early With an Unpaid Water Bill

    My question involves landlord-tenant law in the State of: Michigan. My tenant moved out after paying 2 months rent (both were late) all utilities were shut off 2 weeks ago due to non payment and stuck me with a $460.00 water bill, they had a signed 1 year lease, the last I heard from them was 06/26/17 what are my recourses, thank you.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: My Tenant in Michigan Left After Paying 2 Months on a Year Lease

    M & V Barocas v. THC, Inc., 549 N.W.2d 86, 87-88 (Mich. 1996) (“[i]n an action for rent, the landlord has no duty to mitigate, and, unless he accepts surrender of the premises, he has a right to collect the full amount of the rents due under the breached lease”) (quoting Winshall v. Ampco Auto Parks, Inc., 417 F. Supp. 334, 336 (E.D.Mich., 1976).
    That means you have two choices:

    1 - Leave the property vacant and untouched for the next ten months and then sue for the entire amount. That, of course, would be incredibly unwise and I'm sure you can guess all the reasons.

    2 - Retake possession, clean it up, re-rent it as fast as possible, then sue for back rent and utilities through the date of re-rent.

    You have to understand, of course, suing a deadbeat means you aren't likely to ever see a nickel of your money. Renting to deadbeats is a risk every landlord takes and every landlord eventually loses money on them. I had a few when I had my rentals.

    If you don't like suffering those losses which are virtually guaranteed to happen on occasions I suggest you sell the property and quit the landlord business.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: My Tenant in Michigan Left After Paying 2 Months on a Year Lease

    Quote Quoting adjusterjack
    View Post
    Leave the property vacant and untouched for the next ten months and then sue for the entire amount. That, of course, would be incredibly unwise and I'm sure you can guess all the reasons.
    In Michigan the landlord has a duty to mitigate, so that's not an option that will benefit the landlord.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: My Tenant in Michigan Left After Paying 2 Months on a Year Lease

    Quote Quoting Mr. Knowitall
    View Post
    In Michigan the landlord has a duty to mitigate, so that's not an option that will benefit the landlord.
    What do you have to cite that contradicts the case I cited that does give the landlord the option not to mitigate if he does not retake possession?

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