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Re: Does eviction end tenant rent payments?
on November 1, 2017 @01:43
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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