Comments
refadmin wrote:
Dear Mark:
Your landlord must give 30 days notice to change the rent on a month-to-month lease.
Your landlord must give 30 days notice to change the rent on a month-to-month lease.
19/04 17:09:45
Mark wrote:
My lease is up at the end of the month. The landlord is saying they are increasing the rent. They did not give me 30 days notice of the rent increase, only 15 days til my lease is up. Can I still pay the old amount for the next month before I pay the new higher amount? I looked through the Michigan Legislature and can't find anything about this 30days notice to vacate. Help!
19/04 15:16:58
Leo wrote:
I have currently signed a lease for one semester of college, but I wish to terminate the contract. Yet the landlord is saying it can't be voided, but I have not taken possession of the property nor do I receive a copy of the signed lease agreement and I did not put a down payment on the security deposit. I'm curious If I am still bound? and can lease contract be voided in the first 30 days?
15/01 18:06:38
SUSAN ASOUTO wrote:
I AM A LANDLORD IN NJ. I PAID A LAWYER TO MAKE UP THE RENTAL CONTRACT. AT THE CONTRACT SIGNING THE TENANTS DID NOT WANT A LAWYERS REVIEW . THE RENTAL IS $1,250 A MONTH, AFTER THE 5 DAY GRACE PERIOD THE LATE FEE CHARGE IS $150 PLUS $5 EVERY DAY THEREAFTER UNTIL RENT IS PAID. THEY ARE STATING THE FEE IS EXCESSIVE AND UNFORCEABLE. THEY CHANGING THE TERMS OF THE CONTRACT AND CREATING A NEW LATE FEE OF 10% OF THE MONTHLY RENTAL. IN ADDITION, THE CONTRACT STATES THE RENT IS TO BE DEPOSITED IN MY ACCOUNT AT MY BANK. THEY ARE DEPOSITING THE RENT ON A SATURDAY BUT THE BANK DOES NOT SHOW THE PAYMENT UNTIL MONDAY. AS A RESULT THE RENT BECOMES LATE BY ONE DAY. SHOULD I BE CHARGING THE LATE FEE FOR THE LATTER SCENARIO. I APPRECIATE ALL YOUR HELP, THANK YOU
09/01 23:03:36
refadmin wrote:
Dear Michelle:
Yes, in writing provide him with a Notice to Quit the tenancy within 30 days. Since he is on a month-to-month lease, the law provides that you merely have to give him 30 days notice to quit.
Yes, in writing provide him with a Notice to Quit the tenancy within 30 days. Since he is on a month-to-month lease, the law provides that you merely have to give him 30 days notice to quit.
16/12 12:49:44
Alfreda James wrote:
Dear Renee:
Is there any Michigan law that dictates a landlords responsiblity to radiators? I know of a tenant that is attempting to sue because her child was burned and wanted to inquire on what the company's responsbilities should have been.
Is there any Michigan law that dictates a landlords responsiblity to radiators? I know of a tenant that is attempting to sue because her child was burned and wanted to inquire on what the company's responsbilities should have been.
16/12 12:19:47
Michelle wrote:
I am a landlord and my cousin is currently leasing my home. The lease expired a couple of months ago so we are on a month to month basis. Her boyfriend moved in about a year ago and has turned out to be pretty horrible. He refuses to leave. The police said they cannot help my cousin unless he's abusive. Is there anything I can legally do to get him out of the house while being able to keep my cousin there? The police said he's established residency even though his name was never on the lease. HELP!
16/12 09:36:21
refadmin wrote:
Dear Mike:
Determine whether the landlord / property manager notified you of the damages within 30 days of your having moved out. If not, then arguably the claim to an additional 30 days is waived. Also, on the issue of the notice required to move out, you may argue that you had a verbal contract for 30 days, you relied upon the landlord's promise that 30 days was adequate and you moved out in reliance so that the landlord cannot come back now and require 60 days.
It would be reasonable under the circumstances to not pay the additional 30 days, put your dispute in writing to the landlord via certified mail RRR, and let them take you to court.
Determine whether the landlord / property manager notified you of the damages within 30 days of your having moved out. If not, then arguably the claim to an additional 30 days is waived. Also, on the issue of the notice required to move out, you may argue that you had a verbal contract for 30 days, you relied upon the landlord's promise that 30 days was adequate and you moved out in reliance so that the landlord cannot come back now and require 60 days.
It would be reasonable under the circumstances to not pay the additional 30 days, put your dispute in writing to the landlord via certified mail RRR, and let them take you to court.
01/12 02:18:25
refadmin wrote:
Dear Ms. Doe:
You have claims against your landlord. Do not move out until you are ordered out by the court. You should respond to your eviction papers with a counter-complaint for breach of contract, right to quiet enjoyment, damages, etc.
Respond to all legal documents and consider having an attorney write a letter to the landlord for you.
At a minimum, appear on the court date and state your claims in court.
You have claims against your landlord. Do not move out until you are ordered out by the court. You should respond to your eviction papers with a counter-complaint for breach of contract, right to quiet enjoyment, damages, etc.
Respond to all legal documents and consider having an attorney write a letter to the landlord for you.
At a minimum, appear on the court date and state your claims in court.
01/12 02:12:48
Neka Doe wrote:
Hey, I currently reside in a apartment in the state of Georgia. I was served eviction papers for non payment , thats fine. I have no problem paying my rent but my apartment is tiolets half flush, black drainage comes up when run water in any of the sinks, then u have to wait for the water to settle before u can use them again, dishwasher half cleans, garbage disposal dosent work, kitchen cabinets are so dryrotted to they are falling apart. And to add insult to injury, the maintenance man climb in through my window in my bedroom stepping on my bed to let my son who does not live with me in the apartment. A week later my apartment gets broke in using the same window used by the maintenance man climb and only stealing a 58 in flat screen tv, and components, nothing else. Whats my rights.
29/11 16:46:42
Mike wrote:
Hello-
We rented an apt in Ann Arbor in August 2008 with the intention of eventually buying a home. With this plan, after discussion with rental property staff, we agreed to a 7 month lease (with additional fees since less than a year contract). We chose this option to provide us with the freedom to go month to month rather than deal with the costs of ending a 12 month contract early when we found a home. We didn't find a house until recently, and have been paying additional month to month premiums. When we identified a home that we eventually bought, we discussed with rental property staff our intention to move. We specifically discussed that a 30 day notification is required (although I attempted to see if a shorter interval was an option...it wasn't). This 30 day interval was reasonable, and had previously been discussed on prior occassions. We planned our closing date, move date, etc based upon this 30 day notice. We have since moved, and I just received a notice in the mail requesting an additional balance for an additional 30 days (a 60 day notice) to be paid via "certifed check or money order only", and to contact the office in writing with in 7 days of receipt of letter. This is the first I had ever heard of this 60 day notice, and only a 30 day notice had been verbally discussed face-to face and on the phone with apt agency staff. We are having difficulty locating our initial lease (likely packed in boxes). Are we at fault for assuming that month to month implies a 30 day notice? Does repeated verbal confirmation regarding this 30 day notice with sales office staff have any validity? We were never notified when giving our notice that a longer interval was necessary (even after handing in our keys). We would have made very different (and less costly) decisions regarding our move otherwise. Thank you for your thoughts!
We rented an apt in Ann Arbor in August 2008 with the intention of eventually buying a home. With this plan, after discussion with rental property staff, we agreed to a 7 month lease (with additional fees since less than a year contract). We chose this option to provide us with the freedom to go month to month rather than deal with the costs of ending a 12 month contract early when we found a home. We didn't find a house until recently, and have been paying additional month to month premiums. When we identified a home that we eventually bought, we discussed with rental property staff our intention to move. We specifically discussed that a 30 day notification is required (although I attempted to see if a shorter interval was an option...it wasn't). This 30 day interval was reasonable, and had previously been discussed on prior occassions. We planned our closing date, move date, etc based upon this 30 day notice. We have since moved, and I just received a notice in the mail requesting an additional balance for an additional 30 days (a 60 day notice) to be paid via "certifed check or money order only", and to contact the office in writing with in 7 days of receipt of letter. This is the first I had ever heard of this 60 day notice, and only a 30 day notice had been verbally discussed face-to face and on the phone with apt agency staff. We are having difficulty locating our initial lease (likely packed in boxes). Are we at fault for assuming that month to month implies a 30 day notice? Does repeated verbal confirmation regarding this 30 day notice with sales office staff have any validity? We were never notified when giving our notice that a longer interval was necessary (even after handing in our keys). We would have made very different (and less costly) decisions regarding our move otherwise. Thank you for your thoughts!
23/11 20:57:45
Curious wrote:
I am currently under a one year lease that terminates on November 30, 2009. On November 12, 2009, I informed my landlord that I would not be renewing my lease. The landlord is now requiring that I pay pro-rated rent through December 12, 2009. I have seen many posts releated to the requisite time required to give notice on month to month leases but not one related to a one year agreement. Am I on the hook for the 12 days of rent in December despite the lease termination date of November 30?
17/11 16:46:04
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21/09: Lease Law - Michigan
It is important for both the landlord and the tenant to be aware of the numerous laws that govern all aspects of the landlord-tenant relationship. The most important of these laws are:The Truth in Renting Act, MCL 554.631 to 641;
The Landlord Tenant Act, MCL 554.601 to 616;
The Summary Proceedings Act, MCL 600.5701 to 600.5759;
The Elliott-Larson Civil Rights Act, MCL 37.2101 to 37.2804;
The Persons with Disabilities Civil Rights Act, MCL 37.1101 to 37.1607;
Lease or license of residential premises / covenants / modifications, MCL 554.139; and
Damages for forcible entry and detainer / unlawful interference with possessory interest, MCL 600.2918.
Tenants who are having difficulties with their landlords can and should refer to these laws to hold their landlords accountable. For example, according to the Truth in Renting Act, landlords must EXCLUDE certain provisions from their leases and if included, they are automatically considered void. The tenant can make the landlord fix a lease with these illegal provisions and if the landlord does not, the tenant can take the landlord to court and win statutory damages and fees. Landlords are likewise required to INCLUDE certain provisions such as the name and address at which notice shall be given to the lessor and a very specific statement regarding the fact that the agreement must comply with applicable Michigan laws.
For those who are interested in knowing the landlord's obligation to maintain the premises, reference should be made to MCL 554.139. This law requires that landlords must keep the premises and all common areas fit for the use intended. They must also be kept in reasonable repair and in compliance with applicable health and safety laws of the state and of the local unit of government.
Tenants who are worried about the return of all or part of their security deposit should pay particular attention to the Landlord and Tenant MCL 554.601 to 616 as this act regulates security deposits. Landlords cannot collect more than 1 and 1/2 times the monthly rent as a security deposit. Furthermore, they cannot require a security deposit unless they notify the tenant no later than 14 days from the date a tenant assumes possession in a written instrument of the landlord's name and address as well as the name and address of his bank. There is also a requirement of a particular notice regarding the tenant's responsibility to forward their new mailing address to the landlord within 4 days after termination of occupancy: “You must notify your landlord in writing within 4 days after you move of a forwarding address where you can be reached and where you will receive mail; otherwise your landlord shall be relieved of sending you an itemized list of damages and the penalties adherent to that failure.” An inventory checklist is required at the commencement and termination of the tenancy. If a landlord wants to keep all or part of the security deposit for damages or other obligation, he must mail to the tenant, within 30 days after the termination of occupancy, an itemized list of damages claimed, including the estimated cost of repair of each property damaged item and the amounts and bases on which he intends to assess the tenant. The notice of damages shall include the following statement in 12 point boldface type which shall be at least 4 points larger than the body of the notice: “You must respond to this notice by mail within 7 days after receipt of same, otherwise you will forfeit the amount claimed for damages.”. Failure by the landlord to comply with the notice of damages requirement within the 30 days after the termination of occupancy, constitutes agreement by the landlord that no damages are due and he shall remit to the tenant immediately the full security deposit.
Tenants of an advanced age should be aware of MCL 554.601a, which allows early termination of a lease if the tenant becomes eligible to take possession of a subsidized rental unit in senior citizen housing or becomes incapable of living independently.
Regarding discrimination, the Elliott-Larsen Civil Rights Act provides protection from discrimination in housing accommodations on the basis of religion, race, color, national origin, age, sex, or marital status. There is an exemption in the law where the landlord or a member of the landlord's immediate family resides in one of the units. However, the Civil Rights Act of 1866 prohibits discrimination on the basis of race in ALL property transactions; and since federal law trumps state law, the federal law must be followed. Therefore, landlords can NEVER discriminate on the basis of race. Also, persons with disabilities are protected from discrimination. Landlords must accommodate disabled persons unless they demonstrate that the accommodation would impose an undue hardship or that they or their immediate family resides in 1 of the units under certain circumstances.
Finally, a tenant is entitled to quiet enjoyment of the premises and landlords are prevented from interfering with that enjoyment unless they are acting pursuant to court order, or the interference is only temporary in order to make needed repairs or inspection as provided by law. Landlords are not allowed to enter a tenant's property whenever they want, nor are they allowed to eject a tenant in a forcible or unlawful manner. A tenant who is put out or held out of their rented property in a forcible and unlawful manner, is entitled to recover 3 times the amount of his actual damages or $200.00, whichever is greater, in addition to recovering possession. Furthermore, a tenant whose possession has been unlawfully interfered with by the landlord or their agents shall be entitled to recover the amount of his actual damages or $200.00, whichever is greater, for each occurrence and, where possession has been lost, to recover possession. Landlords cannot use or threaten force, nor can they remove or destroy a tenant's personal property. They cannot change the locks without immediately providing keys, nor can they board up the premises. They cannot interrupt a service procured by the tenant or which the landlord is under a duty to furnish, if that service is so essential that its interruption would constitute constructive eviction, including heat, running water, hot water, electric, or gas service. Lastly, they cannot introduce noise, odor or other nuisance.
Any person involved in a landlord-tenant relationship must be aware of these laws. Landlords must inform their staff as for example, if certain language is not included in leases and certain time frames are not met, rights can be very limited. Tenants who must breach their lease in advance pray for the landlord to miss the 30-day deadline. If the notice of damages retained from the security deposit does not go out within 30 days after the tenant terminates the tenancy, all rights to the security deposit and any other damages are waived. Also, it must be clear that deference must be made to the federal Civil Rights Act and no discrimination on the basis of race must ever occur. The landlord-tenant relationship is tenuous at best. Knowledge of the applicable law by both parties sets forth expectations, reduces unnecessary problems, and lays a foundation for a positive relationship.