I will try to keep this very short. My wife's Michigan business recently closed and moved out of the facility - with proper notice to LL. She was off-lease - it had expired months before so it was a month-to-month arrangement.
Several months after closing we got a letter from LL's lawyer demanding almost $20,000 in unpaid rent.
I questioned my wife and she admitted she hadn't been keeping up with the rent. I looked at the accounting software and found that she had been behind in rent for 16 months, rarely paying the full amount and one month not paying at all, most months paying a significantly reduced amount!
This seemed crazy to me that this letter was the first official notice of any problem. Is it legitimate for LL to let this slide for 16 months and then expect the entire difference? Doesn't he have any obligation to limit his own damages?
I refused to pay the amount requested and countered with allowing him to keep the $2300 security deposit which he still holds. Now he's suing.
Obviously I am extremely angry at my wife (but that's another forum)
Anyway, have we got any kind of argument that would stand up in court against this lawsuit?

