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Re: Does eviction end tenant rent payments? - Landlord Forum thread 354862







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Re: Does eviction end tenant rent payments? by Joe (Michigan) on October 31, 2017 @19:21

                              
The lease I signed with the evicted tenant does have a "Rent Acceleration Clause", which says if Tenant went default on the lease terms, all rents remained on the lease became immediately due. This tenant went default by not paying rent. So I supposed the Rent Acceleration Clause kicked in. The eviction judgement says "The defendant may be liable for money damages after moving if additional rent is owed or if there is damage to the property". Since eviction order was issued when Tenant was still in possession of the house, further claim for rents and damages after his move should be reasonable and make sense.
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Re: Does eviction end tenant rent payments? by Garry (Iowa) on October 31, 2017 @22:00 [ Reply ]
I agree with the part of the E. judgement that says the T will owe for any damages they caused. The key word is "may" in your quotation, meaning the T may "not" be liable, also. And there is always going to be "additional rent owed", from the time you filed for eviction, until the T is forced out by a Sheriff's Dept. and you get physical possession back. But that does not necessarily mean you can get a judgement for any rent for the period after you got possession back. The only way you will ever know, is to spend the time and money taking the former T to court, and see what a judge says.
The other thing I would point out, is, does your "acceleration clause" conform to your state laws? There are many LLs all over the country, that put all kinds of clauses in their leases, but are not "legal" in their state. If I were you, I would run it by an attorney first, before proceeding into court, to see if it conforms to Mi. laws. And ask yourself this------ using the facts you have given us, if the rent was $1,000/mo., and the T did not pay rent for March (he defaulted on the lease) does that mean that his remaining 18 months of rent ($18,000) is now due and payable to you? To me, that does not make any sense. If the T could not pay the $1,000 , what makes you think they can pay $18,000 ? That is what is called in business law--unconscionable--meaning "very or extremely" unfair. That clause may be in your lease, but I doubt any judge will uphold it. But that's just my opinion. Please contact an attorney, and/or go to court, and get back to the forum with an answer.
    Re: Does eviction end tenant rent payments? by Joe (MI) on October 31, 2017 @22:41 [ Reply ]
    It appears to me that you are not in the position of legal advice but put too much guessing in your posts so they are not helpful at all. Garry, you really should stop your imaginative reasoning!
    For other interested landlords: I did some research on websites such as AVVO and did find some similar cases that were explored by litigation professionals. According to them, I do have a good case to recover rent losses and property damages.
      Re: Does eviction end tenant rent payments? by Anonymous on November 1, 2017 @01:43 [ Reply ]
      Be sure to validate your lease clause with an attorney as Michigan landlord tenant law states;

      554.633 Rental agreement; prohibited provisions or clauses; violation. Sec. 3.

      (i) Provides that rental payments may be accelerated if the rental agreement is breached by the tenant, unless the provision also includes a statement that the tenant may not be liable for the total accelerated amount because of the landlord's obligation to minimize damages, and that either party may have a court determine the actual amount owed, if any. The tenant can recover $250 per action for prohibited provisions that a landlord includes in a lease, whether enforced or not.

      Of course, a landlord can file a new separate lawsuit for additional damages. Such examples would be for additional rent because the rental has yet to be rerented, or the landlord discovers hidden damages not readily noticed.

      A landlord can seek to regain possession of the rental property without termination of the lease. As in Florida, the landlord still has the right under Florida Statute 83.595 to hold the tenant to the lease balance when an eviction occurs.

      The landlord just knows under what circumstance and conditions apply in order to do so. Even if the law requires “the landlord to make reasonable efforts to re-lease the premises and mitigate his damages”, the landlord is still incurring lost of rent which the landlord can go to court to recoup. In Florida, the tenant has the choice by law, whether to accept a termination fee for a set amount or take the chance the landlord will rerent the property quickly, thereby, reducing the tenants damages.

      Many landlords do not realize that termination of the tenant’s right of possession and termination of the lease can be two very different points in time.

      Also, there are those situations where a tenant can surrender possession, and still pays rent.

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