Comments
Sara wrote:
Hello, I have a question about my lease.
The lease states Attorneys' Fees: Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee.
I was reading MCL 554.631 thru 641 and thought it said that having a statement like that makes the lease void. Is this correct or am I interpreting this law wrong.
The lease states Attorneys' Fees: Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee.
I was reading MCL 554.631 thru 641 and thought it said that having a statement like that makes the lease void. Is this correct or am I interpreting this law wrong.
03/02 10:55:30
Mark wrote:
Hi, I am moving out of my apartment 1 month early, but still plan on paying the last months rent. I sent a letter informing the landlord that I would be leaving the premises early, turning in my keys, paying last months rent, and turning off the gas and electric on a certain date a few days after I move out. He told me that I was required to pay for those utilities whether I lived there or not. I have a general Michigan lease that I think he just printed off the internet. The statement about utilities says: Tenant shall be responsible for arranging for and paying for all utility services required on the premises. By moving out, handing in my keys, and paying the last months rent, am I still liable for the utilities or is he just trying to scare me into paying them?
03/02 10:35:57
refadmin wrote:
Dear Rebecca:
Not having a lease-break clause does not give you grounds to break the lease without a penalty. A lease is a contract providing that you pay for a certain term in exchange for the quiet enjoyment of the premises.
If there is a lease-break clause within the lease you signed, then that should stand. Typically in a lease you would need to pay damages when you break the lease. However, there is a process the landlord must go through to procure these damages from you. They must start with your security deposit and provide you with a notice of the damages taken from your security deposit. They must do this within 30 days from your vacating the premises. Within 4 days of your moving out, you must provide them with an address at which to send the notice. Then, you must respond within 7 days of receipt of the notice disputing the damages. The landlord then has 45 days to take you to court on the damages from the security deposit.
A landlord cannot physically make a tenant or former tenant pay. If you choose not to pay for the remainder of your lease and the landlord cannot rent the premises for the entire lease term, they would have to take you to court to get the money you owed them for the remainder of the lease.
Not having a lease-break clause does not give you grounds to break the lease without a penalty. A lease is a contract providing that you pay for a certain term in exchange for the quiet enjoyment of the premises.
If there is a lease-break clause within the lease you signed, then that should stand. Typically in a lease you would need to pay damages when you break the lease. However, there is a process the landlord must go through to procure these damages from you. They must start with your security deposit and provide you with a notice of the damages taken from your security deposit. They must do this within 30 days from your vacating the premises. Within 4 days of your moving out, you must provide them with an address at which to send the notice. Then, you must respond within 7 days of receipt of the notice disputing the damages. The landlord then has 45 days to take you to court on the damages from the security deposit.
A landlord cannot physically make a tenant or former tenant pay. If you choose not to pay for the remainder of your lease and the landlord cannot rent the premises for the entire lease term, they would have to take you to court to get the money you owed them for the remainder of the lease.
29/01 11:01:13
Rebecca wrote:
I rent an apartment in Michigan. Recently I lost my job and cannot pay my rent and are going to move out from the apartment. My landlord said I need to pay rent until the end of lease(08/2009) or until they find another Tenant, but they cannot provide the break lease clause on the lease that I signed. If there isn't any clauses about breaking lease, can I break the lease without any penalty? Thanks
29/01 09:16:11
refadmin wrote:
Dear Carrie:
You need to respond by writing a letter concerning your dispute and sending it to your landlord certified mail, return receipt requested within 7 days. Keep a copy. Wait for your landlord to respond. If he does not want to give you back your money, he has to take you to court within 45 days or he forfeits his right to the money.
You need to respond by writing a letter concerning your dispute and sending it to your landlord certified mail, return receipt requested within 7 days. Keep a copy. Wait for your landlord to respond. If he does not want to give you back your money, he has to take you to court within 45 days or he forfeits his right to the money.
27/01 14:33:57
Carrie wrote:
I rent an apartment in MI, and am coming up on the end of the lease. I plan on moving out a month early, but still plan on paying rent until the end of the lease. I am trying to make sure that I get my security deposit back. I have done some research on this matter and I have 4 days after vacating the premises to mail my landlord the forwarding address. He has 30 days after termination of occupancy to mail an itemized list of charges, including cost of repair of each damaged item. The list must be accompanied by a check for the difference between charges claimed and the amount of the security deposit. Then I must respond to this notice by mail within 7 days after receipt of same, otherwise I forfeit the amount claimed for damages. The apartment will have only damages expected in the normal course of habitation. I also never received any notice to tenant when I moved in or 2 copies of an inventory list. My question is how do I properly respond and dispute his list of damages? And if he does not respond what do I do from there?
27/01 14:17:31
refadmin wrote:
It is true that a month-to-month lease does not have to be in writing and that a mere 30 day notice is required to change any terms which by law can be changed. Rent is a term that can be changed with 30 days notice. If the landlord can prove that he provided you with 30 days notice (and email is fine), then he could make a solid argument in his favor in court. The old lease would be in effect as to terms not changed with 30 days notice.
As to the utilities, confirm to your landlord in writing that the fiance is spending the time there (document the days) and that you request an offset for her use of the utilities. This way, you have a written chain of evidence and if you refuse to pay for her utility use, you will have that evidence in your favor.
As to the utilities, confirm to your landlord in writing that the fiance is spending the time there (document the days) and that you request an offset for her use of the utilities. This way, you have a written chain of evidence and if you refuse to pay for her utility use, you will have that evidence in your favor.
21/01 09:20:36
unsatisfied wrote:
Hello,
I live in Ann Arbor in a condo with my "landlord" Originally, we had a 1 year lease. That lease has since expired and we have entered into a month to month lease. There was no signing of a new lease. He now states:
"Moreover, because each month is a new lease, a landlord can also change *any* of the terms of the lease, including rent, with 30 days written notice. Your staying in the room after such a 30-day notice would, legally, be tacit agreement to those terms (your signature is not needed), and as such you would be legally bound by them."
Is this correct? I had spoken to a Tennants union worker and he stated that the OLD lease is still in effect as the rules and regulations of the month to month lease.
Is email a written notice?
Finally, his fiance has been spending between 15 and 20 days with us since last may. Her simply being there, means that I can not live here peacefully and enjoy my time. Is there any way of getting back some of the utility money considering she spends so much time here?
I live in Ann Arbor in a condo with my "landlord" Originally, we had a 1 year lease. That lease has since expired and we have entered into a month to month lease. There was no signing of a new lease. He now states:
"Moreover, because each month is a new lease, a landlord can also change *any* of the terms of the lease, including rent, with 30 days written notice. Your staying in the room after such a 30-day notice would, legally, be tacit agreement to those terms (your signature is not needed), and as such you would be legally bound by them."
Is this correct? I had spoken to a Tennants union worker and he stated that the OLD lease is still in effect as the rules and regulations of the month to month lease.
Is email a written notice?
Finally, his fiance has been spending between 15 and 20 days with us since last may. Her simply being there, means that I can not live here peacefully and enjoy my time. Is there any way of getting back some of the utility money considering she spends so much time here?
21/01 01:39:34
refadmin wrote:
The personal representative of the estate in effect steps into the decedent's shoes. However, the law will not require that you allow the continued occupancy rent free. Consider sending out a notice to quit for non-payment of rent and following the normal course of eviction upon the decedent's estate, in the name of the personal representative.
19/01 11:07:15
Becky G wrote:
A lessee with a month to month lease died 3 days into a new month with out making payment for the month. The lessee's belongings remain in the unit. The family asserts that the deposit is not forfeit for rent of month of death despite the belongings remaining in residence per their request until they could personally remove them. Is there a legally required "grace period" to remove belongings of a deceased resident rent free? If so how long?
19/01 10:27:05
refadmin wrote:
Dear Amanda:
Based upon the information you have provided, you have a sound argument for using the security deposit to rake the leaves.
Personally, under the circumstances, if I were you, I would not charge them for raking the leaves - especially if you are/were living there.
Based upon the information you have provided, you have a sound argument for using the security deposit to rake the leaves.
Personally, under the circumstances, if I were you, I would not charge them for raking the leaves - especially if you are/were living there.
06/01 21:24:01
Amanda wrote:
I have a question from the Landlord side. We bought a duplex and lived in one side and rented out the other side. We are using the lease agreement that the previous owners used. One of the sections of the lease states that the tenant is responsible for all utilities and services, maintenance of the lawn, and snow removal. The section covering the securty deposit states that the security deposit is to ensure the tenant complies with all terms and conditions of the lease. Our tenant moved out Nov 30 and left the entire yard covered with leaves. In order for us to rent this to another tenant we had to clean up the yard. We spent 22 hours raking and hauling leaves away. We only charged the tenant $75 for failure to maintain the lawn according to the lease agreement. The tenant did not rent the property in this condition and we could not rent it to another tenant in this condition. We felt we were giving them a break that we could have charged them more than $75. We feel that by signing the lease the tenant should be held to this. What do you think?
06/01 20:53:44
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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.