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Muir wrote:
I have been informally legally advised that to terminate a month-to-month lease in Michigan, one must give 30 days notice, and that demands to give 30 days notice from the first of the month and pay all of the rent for the subsequent month (instead of prorating) OR forfeit the security deposit will not stand up in court.
I found a page at MichiganLegalAid.org that also says the notice of termination of a month-to-month lease can be given at any time in the month, unless the lease specifically states that it must be given on the first or last of the month. This is not the case in my lease.
However, I have also found other pages that say a landlord cannot notify a person that they have to move out within 30 days if they do not inform the person by the first of the month. If that stipulation applies to landlords, would it not also apply to tenants? Finally, is there a specific law regarding the pertinent information (such as with security deposits), or is it simply case law?
I appreciate any advice that you could give in this matter. Thank you for your time.
I found a page at MichiganLegalAid.org that also says the notice of termination of a month-to-month lease can be given at any time in the month, unless the lease specifically states that it must be given on the first or last of the month. This is not the case in my lease.
However, I have also found other pages that say a landlord cannot notify a person that they have to move out within 30 days if they do not inform the person by the first of the month. If that stipulation applies to landlords, would it not also apply to tenants? Finally, is there a specific law regarding the pertinent information (such as with security deposits), or is it simply case law?
I appreciate any advice that you could give in this matter. Thank you for your time.
10/04 08:24:54
refadmin wrote:
Dear Ramona:
Without seeing your lease, I cannot offer more information other than to say that the landlord will not be allowed to double-dip and yet an early termination fee does not necessarily equate to damages in the event of default.
Without seeing your lease, I cannot offer more information other than to say that the landlord will not be allowed to double-dip and yet an early termination fee does not necessarily equate to damages in the event of default.
08/04 13:27:41
refadmin wrote:
Dear Deb:
The landowner / landlord can renegotiate whatever terms he wishes as long as they are in compliance with the law. There is nothing illegal about negotiating the terms which you indicate.
If your daughter wants out of the lease, she can terminate early and pay damages depending on the lease provisions and the landlord's obligation to mitigate his damages by re-renting. It is likely that a court would find the landlord's offer to be reasonable and even beyond his obligation.
The landowner / landlord can renegotiate whatever terms he wishes as long as they are in compliance with the law. There is nothing illegal about negotiating the terms which you indicate.
If your daughter wants out of the lease, she can terminate early and pay damages depending on the lease provisions and the landlord's obligation to mitigate his damages by re-renting. It is likely that a court would find the landlord's offer to be reasonable and even beyond his obligation.
08/04 13:24:50
Ramona wrote:
I recently purchased a home and need to terminate my 13 month lease 3 months early. I sent a notice 60 days in advance of my move out date and agreed to pay the early termination fee. Now they tell me I have to also pay the rental concessions because of my default for the 10 months I lived there. But in the lease it has to separate clauses on default and early termination. Do I have to pay the default penalties if there is a distinction between default and early termination in the agreement. I followed all of the early termination procedures.
08/04 12:01:18
deb wrote:
My daughter and a friend leased a 2br apartment (in GR MI)for a one year term in 12/07. They are having personal issues and no longer wish to live together. My daughter discussed with the management regarding moving into a one bedroom apartment and they are requiring both of the girls to move into one bedroom apartments (or one into a 1br and the other keep the 2br-meaning that they will be renting 2 apartments insteaed of just 1) AND renew both their leases for a period of one year. Are they allowed to make them renew the lease? Her preference would be to just move out and into another complex but understands that she signed a one year lease...but this will actually make her committed to live there for 18 months.
08/04 07:12:37
refadmin wrote:
Dear Tonya:
The fact that he does not have a license to lease does not void your contract or affect your security deposit. If you would have been put out of the unit because of the failure, then you would have a cause.
If you terminate your lease early, you are responsible for the landlord's damages caused by your early termination. You are not responsible for any physical damage to the property caused after your lease was terminated.
As to the timeline of the security deposit refund, it is not so simple. Read my blog article on How to Get Your Security Deposit Back. The landlord is not permitted by law to be so vague. In fact, he has to itemize his damages and he has to do it within 30 days of his notification that you have moved out and provided a forwarding address. He also has to rely on his inventory list in order to prove his damages. If he has no inventory list, he will have to provide rather conclusive proof that you caused the damage alleged.
The fact that he does not have a license to lease does not void your contract or affect your security deposit. If you would have been put out of the unit because of the failure, then you would have a cause.
If you terminate your lease early, you are responsible for the landlord's damages caused by your early termination. You are not responsible for any physical damage to the property caused after your lease was terminated.
As to the timeline of the security deposit refund, it is not so simple. Read my blog article on How to Get Your Security Deposit Back. The landlord is not permitted by law to be so vague. In fact, he has to itemize his damages and he has to do it within 30 days of his notification that you have moved out and provided a forwarding address. He also has to rely on his inventory list in order to prove his damages. If he has no inventory list, he will have to provide rather conclusive proof that you caused the damage alleged.
03/04 21:36:43
refadmin wrote:
Dear Cat:
When a tenant terminates her lease early, she is liable for the tenant's damages caused by the early termination. She is only liable for the remainder of the lease if the landlord cannot find another tenant to take her place. The landlord must make a good faith effort to find the other tenant and would, if before the court, have to prove the effort. Therefore, if your daughter has offered tenants to take her place, then the landlord, if they would otherwise be acceptable as tenants, must allow them to rent. If the landlord does not allow this, then he has failed to mitigate his damages.
When the landlord states that the lease goes with the property, he may mean that he sold the property with the lease in mind. The buyer was likely interested in part because the property was leased. Undoubtedly the buyer would not care whether it was your daughter or another who was the tenant.
When a tenant terminates her lease early, she is liable for the tenant's damages caused by the early termination. She is only liable for the remainder of the lease if the landlord cannot find another tenant to take her place. The landlord must make a good faith effort to find the other tenant and would, if before the court, have to prove the effort. Therefore, if your daughter has offered tenants to take her place, then the landlord, if they would otherwise be acceptable as tenants, must allow them to rent. If the landlord does not allow this, then he has failed to mitigate his damages.
When the landlord states that the lease goes with the property, he may mean that he sold the property with the lease in mind. The buyer was likely interested in part because the property was leased. Undoubtedly the buyer would not care whether it was your daughter or another who was the tenant.
03/04 21:26:45
Cat wrote:
My daughter signed a one-year lease in January. She has been offered a job in Lansing and will be moving. The owner of the apt. is in the process of selling the property. My sons have offered to take over my daughter's lease for the duration, but the owner is saying that if she moves she has to pay the lease till the end. He says the lease goes with the property when he sells. How can that be? The house didn't sign the lease and there is no lease with the person buyng the house.
03/04 17:57:23
Tonya wrote:
I moved out and turned in the keys the first week of February but still honored my lease until the end of March when it ended. When I asked about my security deposit the landlord indicated in a letter that I shouldn't expect to get any of it back due to damage. It was a vague letter and contained no breakdown. He said it would be reviewed at the end of March. I don't believe he is being honest about the damages and some water damage occurred after I turned in the keys which he stated in the letter.
He is in violation with the city since you had no permit to rent so therefore is renting illegally.
My questions are:
1. Does the fact that he's non-compliant before and when my lease ended void the lease and any right to my security deposit?
2. Am I responsible for damages after I moved out and turned in my keys even though my lease wasn't up?
3. Does the landlord have 30 days from the date the keys are turned in or 30 from the end of the lease to provide a breakdown of damages?
He is in violation with the city since you had no permit to rent so therefore is renting illegally.
My questions are:
1. Does the fact that he's non-compliant before and when my lease ended void the lease and any right to my security deposit?
2. Am I responsible for damages after I moved out and turned in my keys even though my lease wasn't up?
3. Does the landlord have 30 days from the date the keys are turned in or 30 from the end of the lease to provide a breakdown of damages?
03/04 11:44:34
refadmin wrote:
You can get the money back if it the agreement you entered did not provide for a non-refundable administration fee. The agreement to provide the $250.00 as consideration was part of a contract, the terms of which are understood by the parties.
Ask for the money back. To preserve proofs, you should make the request in writing. However, when negotiating, it is sometimes more effective to communicate in person either by telephone or face-to-face, and then follow-up by confirming the conversation in writing. If the money will not be returned, make sure you document the reason why.
Ask for the money back. To preserve proofs, you should make the request in writing. However, when negotiating, it is sometimes more effective to communicate in person either by telephone or face-to-face, and then follow-up by confirming the conversation in writing. If the money will not be returned, make sure you document the reason why.
26/03 03:45:32
Liz Archer wrote:
I have not signed a lease yet, but I have filled out an application and paid a $250 administration fee. I do not wish to live there any longer. Is there anything I can do to get my money back?
26/03 01:14:07
refadmin wrote:
The contract is fraudulent, against public policy and void, without any legal effect. It does not bind your niece or your sister. Essentially there is only a month-to-month lease with your niece and the apartment owner.
25/03 22:36:10
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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.